Miranda rights, roadside tests and what to do in a DUI stop

| Nov 13, 2020 | DUI |

If you are a young driver, the future may look bleak if law enforcement stops you on suspicion of DUI.

You may feel lost in a blur of activity that involves roadside testing, your Miranda rights and your eventual arrest. How should you respond to the officer who pulled you over?

A first offense

Until now, you may never have had anything to do with the Minnesota laws concerning driving under the influence of alcohol, but you are looking at a misdemeanor if convicted plus loss of your driving privileges for 30 days. Keep in mind that how you react and what you say during the stop will affect your case.

Best testing response

You have the right to refuse participation in the field sobriety tests since these are subjective and easy to fail. However, do take a preliminary breath test at the site of the stop. Keep in mind that you must take the DATAMASTER breath test. Refusal is a gross misdemeanor crime that comes with possible jail time of up to one year.

About your Miranda rights

It is possible for administrative errors to surface during a DUI stop and one of those concerns your Miranda rights. Simply stated, law enforcement must advise you of your Miranda rights, which warn of self-incrimination and confirm your right to representation by an attorney.

Additional thoughts

Always be polite to a law enforcement officer but remember that you are not required to provide any information other than your name and address. There are many options for challenging the DUI charge against you and you have the right to expect the best outcome possible for your case.