DRUNK DRIVERS AGAINST MAD MOTHERS

BREA, CA (ddamm.com) - A fellow DDAMM member was drunk driving and received a blood test result of 0.10.  He believes his rights were violated because the officer never read the miranda rights.  Does this mean that the police report is inadmissible in court including the blood test?

Unfortunately, the blood test is not affected by failure to read his miranda rights.  The miranda rights is only an issue post arrest. The fact that the miranda rights were not read means that statements after the arrest may be inadmissible in court. 

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Lemmy  - Pissed at this   |76.166.196.xxx |2009-02-19 13:11:54 Unfortunately, the police do not need to read your your rights in this instance. DUI law is considered a misdemeanor and you are not being questioned about a crime so they dont have to read you your rights. the sick part of it all is that you are being questioned for a crime the moment you roll down your window so at some point between this and a field sobriety test you should have you rights read to you. even funnier, it doesnt matter because you can lose you license for a year if you dont SUBMIT to the tests. Pretty twisted Reply | Quote 1   0

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