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Miranda Rights Alcohol & Drugs: MIP, MIC, Intoxication

Discussion in 'DUI, DWI, BUI, Drunk Driving' started by Gwen, Jan 1, 2014.

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  1. Gwen

    Gwen Law Topic Starter New Member

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    I was driving to my home after a party when an officer pulled me over for drunk driving. My alcohol level was under the legal limit. Then I admitted I had a few drinks. But I wasn't told the Miranda rights. How will this affect my case?
     
  2. cbg

    cbg Super Moderator

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    Not at all. Contrary to what you see on TV, it is not necessary to give you your Miranda rights unless you are in custody AND the police wish to interrogate you.

    Even if the facts are such that Miranda was necessary, the recourse is suppression of any statement you made, not to dismiss the case entirely.
     
  3. CdwJava

    CdwJava Moderator

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    Ditto - not at all.

    About 9 in 10 arrests do NOT require Miranda rights. While some agencies have a POLICY (or informal practice) of Mirandizing any prisoner taken into custody, this is not the status of the law, and the law does not require Miranda on an arrest. Miranda is generally only required when both custody and interrogation exist. Most DUI arrests will not need Miranda, and any statements made while detained on the side of the road during the officer's investigation are almost always going to be admissible.
     
  4. army judge

    army judge Super Moderator

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    You need only to be Mirandaized when the FINGER of SUSPICION is pointing at YOU. Otherwise, you're smart, and you know to say NOTHING to the MAN. The MAN is just doing his job, getting YOU!!!


    Sent from my iPhone 4S via AT&T using Tapatalk
     
  5. mightymoose

    mightymoose Moderator

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    Also, as a minor, or at least under 21, any amount of alcohol in your system is over the limit.
     
  6. sharminB

    sharminB Banned

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    There are a lot of accidents because of drunk driving. I think the law should have provisions to punish drunk drivers.
     

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