I work at a tobacco shop. And after they said I blown through a stop sign. When asked when drinking I said no. Then he said I smelled, and I quote, "of something suspicious". I get cops get their paycheck for tickets and such but seriously has it really gotten this bad that for a ticket they try to make it something bigger? and ignoring my rights?
Just got arrested for a supposed DWI even though I blew a 0.0000000. Don't cops need to read your Miranda rights to you?
Not necessarily, no. Miranda is required for:
Custodial
+
Interviews
If it's one or neither, a Miranda warning is not required, despite what you see on TV.
I asked for a blood or hair follicle test and I was denied. WTH is happening?
Your state's laws are gathering dust and your local politicians don't care because they know voters don't know or care. They're busy litigating issues their voters care much more about, e.g. who should be allowed to play sports and go into bathrooms.
Yeah, especially in small towns. Just plead not guilty and get a public defender if you can (or hire a lawyer if you have the money). They'll probably drag it out for a while until the court eventually dismisses it. I've been pulled over, searched, and arrested for made-up shit multiple times.
"I am not discussing what I have or haven't been eating or drinking. Am I being detained or am I free to go?" Field sobriety tests are always voluntary, but you might have to go to the station for a blood test.
If they continue to ask questions, "I am invoking my constitutional right to not answer questions. I won't be making any other statements without a lawyer present."
If they ask you to step out of your vehicle, you do have to comply. "I am complying and stepping out of my vehicle. I do not consent to a search of my person or property. Am I free to go or am I being detained?"
Never talk to the cops brought to you by Shut the Fuck Up Friday.
Miranda rights only apply if the police are asking you incriminating questions.
If you are being arrested and questioned theres actually never any advantage of demanding to be read your rights, I see a lot of people demanding the police read them their rights.
When the police read you your rights it protects the police not you.
If you are questioned and incriminate yourself there are two possibilities. They did not read you your Miranda rights, in which case almost any lawyer in the country can get that incriminating statement thrown out because you weren’t read your rights. The did read you your Miranda rights, in which case you are fucked, you were informed you didn’t have to answer but incriminated yourself anyways.
It is never in your interest to demand they read you your rights and you should never really be upset if they don’t. Either they don’t have to or they just fucked up to your benefit.
Assuming a prosecutor takes this to court, they will have to provide evidence during the probable cause hearing. If it goes that far, it will get dismissed if there is no evidence. It's more likely that the prosecutor does nothing unless there is something they have unknown to you or you are not telling us something.
Did they blood test you? If yes, and you hit for weed in a lame state, still get a lawyer, but also good luck.
If you didn't get a blood test, get a lawyer, you'll get off. Like for sure. "I work there of course I smell like it, I don't even smoke I just like affording 'food' Your Honor. They can't prove I was high without that blood test. Rolling stop at best."
This line is bait to trick you into saying something that they can arrest you for. You’re only reply. Should be “OK, am I free to go?“. If they had something to arrest you for or to take you for, they would do it without asking you questions. When they ask you questions like this, they are not asking you questions to see if they can let you go. They are asking you questions to find something to ticket you for or arrest you for.
Cops are not your friends, and they are never, never, never ever ever there to help you. It is tho job to fuck you as hard as possible. Do not give them that opportunity by telling them anything that would make that easier for them to do.
If you're in the US, in states I know of, at least, if you weren't taken back to the station and had another DUI test done and took two other chem tests such as blowing in their big machine (not that little roadside one), a urine sample, and\or a blood draw, then I doubt you're getting charged with DUI. The roadside breathalyzer and heel to toe bullshit is just stuff used as a precursor to your arrest and you don't even have to do either of those. The tests to take you to court and charge you are all done after you've been arrested and are at the jail. The testing back at the jail house is what you aren't allowed to refuse without losing your license. You don't have to do shit roadside and there's no consequences, despite the lying shit the cop will tell you. Not the lil breath test, or walking a line, or following the officers finger or nothing. All that can be refused. It's all just so the officer has standing for being able to arrest you. Before you're at the jail, you don't have to participate in ANYTHING that is trying to determine your sobriety.
As the top commenter said. Don't consent to search. Don't resist. Get out if asked to get out, but close and if possible even lock your door. Exercise 4th, 5th, and 6th. STATE that you're exercising your right to remain silent and not answer questions and then STFU till you talk to a lawyer.
I could make this a list of shit and things to do like a mile long, but that's the highlight reel.
I'm not a lawyer. I'm not your lawyer. This is not law advice. I don't know if there's any exceptions to this in your particular state.
Others have answered the questions about getting arrested. Here's a specific answer about Miranda rights.
Miranda rights are not read to you when you are pulled over on suspicion of breaking the law. They are read to you when you are being formally interrogated. Ask "Am I being detained?" or "Am I being interrogated?" If they say "no", keep quiet. If they say "yes", that's when they are required to read you your rights, at which point you say "I want to speak to my lawyer".
Anything you say to a cop, regardless of whether they read you your rights, can and will be used against you.
Do not ever talk to cops. Don’t answer their questions with more than a polite “I don’t want to talk about my day, sir.” If they keep pressing say “I invoke my fifth amendment right to remain silent and want a lawyer”
This message has been brought to you by Shut the Fuck Up Friday.
Very much not a lawyer but in the US from what I understand you don't have to consent to a field sobreity test at all (IE the breathalyzer), but the cops can require you to come to the station for, the tests that they refused to give you.
As far as Miranda rights, that's kind of misunderstood, in short if you weren't formerly brought into an interogation room. or put in jail, it's not a strong requirement for them to read it.
I don't have the full picture but if you aren't in jail, then you've basically got a BS ticket. They might be able to hit you for reckless driving or something if you were swerving or something in your driving lead to the actual suspicion and they have it on dash cam, but the DWI itself, should fall apart instantly without evidence.
I know my ex got out of a DWI that she was very guilty of, simply by police incompetence (cops lost the test results),
So short answer yes they can do that, for a few reasons, maybe the prosecutor will drop the charges, depending on how the stop went and if anything else happened which resulted in additional charges that end up sticking. Preface, I am not a lawyer.
A, any kind of traffic infraction (real or hallucinated by the cops) technically gives them the legal right to stop you. The initial stop will likely be upheld if it goes to court.
B, they use that as a pretext to then investigate other possible things. Drunk/impaired driving not surprisingly is a big one. Roadside breath tests are not admissible in court, station tests are.
C, if you blow 0's they rapidly pivot to "What other substances have you had which are impairing your ability to operate a motor vehicle". Technically speaking they can do that, if they think they have reasonable suspicion you are driving while impaired.
D, here's where it gets shitty. You can still be convicted of DWI even if all tests come back negative. Prosecutors can argue you were impaired by a substance that doesn't come up on standard tests. If they think they have enough video or documented evidence of you acting impaired they can still push for that.
E, GET A LAWYER. They can argue and eliminate a lot of points of data which the prosecutor can claim are evidence of impairment. Red watery eyes? They were tired. Slurred speech? How does the officer know those are not your normal speaking patterns? An important thing to note here, field sobriety tests tend to favor the police, NOT you. And they are not a legal requirement. Fyi.
F, if a more comprehensive drug test will show you were not intoxicated in any way you can pay out of pocket and submit that to court, but now you're getting into the area of "how much money will it cost to not take a lesser charge.
G, speaking of, the weaker the case the more likely the prosecutor will plead you down to a lesser charge just to make it go away while still giving them a technical win. It's bullshit and they use the threat of cost to prove innocence against you, because fuck poor people.
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