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N Cal Atty, Attorney
Category: Traffic Law
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Experience: Since 1983
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I was arrested for dui//refused breathalyzer test/took blood

Customer Question

I was arrested for dui//refused breathalyzer test/took blood sample. was not read my miranda rights, was not given a proper sobriety test, only took a pen test for my eyes to follow//no dui ticket//paid bail but given only temp drivers license? What should I do?

Submitted: 1 year ago.
Category: Traffic Law
Picture
Expert:  N Cal Atty replied 1 year ago.

You are going to need a local attorney to represent you.

The absence of Miranda warnings does not matter unless you were subjected to interrogation while in custody. If they took you into custody and questioned you without the warnings, any statements you made would be inadmissible in Court. It seems rare for the police to give the Miranda warnings when making an arrest for a traffic related offence because they do not usually question to the person arrested.

The pen test is not entirely reliable, see
http://www.duianswer.com/library/the-horizontal-gaze-nystagmus-test-used-in-dui-arrests.cfm

You can get a free consultation from some of the DUI (OUI in Hawaii) attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/DUI_DWI/Hawaii

I hope this information is helpful.

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