Alcohol & Drugs: DUI, DWI fishy dui arrest

[hondaccord96]

got pulled over for a driving infraction by a university police officer in the state of washington. was asked for license reg. and insurance. he did his checks, came back to car and asked me to get out. ran a pen light in front of my eyes for about 10 seconds, then asked if he could continue testing, at no time did he say i was doing a field sobriety test, since i had no idea what was going on i said no i wasn't comfortable with what was going on. and immediately arrested me on the spot and took me to their station, without reading me my rights. can this be right and/or legal?

 

[CdwJava]

Sounds legit to me. What he was doing was checking for horizontal gaze nystagmus. He does not have to tell you he is doing a FST, he asked you if he could continue and you apparently refused. So, he went with what he had at the time and arrested you.

Consult local counsel.

- Carl

 

[hondaccord96]

ok but weren't rights violated by not reading me my rights?

 

[CdwJava]

Unlike TV, most arrests in real life do not need Miranda. Less than one in four probably need Miranda.

Miranda is only required when a person is in custody (i.e. under arrest) AND being interrogated. Any admissions you made AFTER you were arrested and before Miranda was read could be suppressed at trial, but that's about it.

- Carl