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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I was stopped by the Arizona game and fish dept. for no lights

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I was stopped by the Arizona game and fish dept. for no lights on my boat, they checked my safty eqip. good, then they tested my with a breathalizer and found me in the legal limit, but dicided to give me a test anyway, said I didn't pass it because I said every every letter in the alphabet instead of every other I said I didn't hear him, he said o well, also he said I touched my nose with the pad of my finger not the tip, I have a hearing problem and no hearing aids with me, he arrested me, didn't read me my rights, took me to the station, did another breath it was0.034 then he read me my rights, and let me go, is this legal? I got a oui but I was way under the level
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

It is a misconception that at an arrest you are required to be read your rights, mostly brought about by TV shoes and cop movies. Your Miranda rights only have to be given to you if you are going to be interrogated, not arrested. So long as you were not questioned without counsel, the officer did not violate your rights. In terms of the test, if you feel that this was unfair and you genuinely did not hear, retain counsel to fight the OUI. Just be aware that an officer can still cite you for being under the influence even if you may be under the legal limit if he believes by your behavior that you are not able to operate the boat safely.

Good luck.
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