Dui North Carolina Law
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Do you have to be read your Miranda Rights when you are arrested for a DUI?
I was arrested for a DUI on Saturday, where I blew a .08. I immediately began my ADETS and started doing everything that is required by law to eventually get my license back. I had two witnesses with me at the time and they were sober. I recall all events of the night and do not recall my Miranda Rights being read at all, in fact I know they were not because both my witnesses were within five feet of me and did not hear him say them. He told me he was handcuffing me, lead me to the car, and then proceeded to ask me whether or not I wanted me seatbelt buckled or not. I then went to the station and was booked. I am wondering what I can or can not do in this situation. I informed him that I had been drinking and when I received my ticket, he had out that down as evidence to my DUI even though I had not been read my rights. If the information is necessary, I live in North Carolina. Thanks.
Miranda rights must be read to you when you are "in custody." Questioning before you are in custody...i.e. you can't leave of your own free will...can be asked and the answers are admissable. If they do not question you while you are in custody, they do not have to read you your rights. There are tons of cases that say doing the DUI roadside tests is not forced testimony against yourself. Neither are blood tests, urine tests, etc. In most states, you are required to answer questions when stopped by a police officer, OR you could refuse to answer, they will ready you your rights, and you will be arrested. Kind of a hobson's choice.
You don't have a Miranda issue here.


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