Most Rochester residents are familiar with the idea that someone placed under arrest should be “read his rights” by law enforcement.

These rights, also known as Miranda Warnings, include constitutional rights to remain silent when questioned and the right to an attorney.

Unfortunately for those stopped for drinking and driving, a failure to read these rights prior to questioning someone stopped on suspicion of DWI very rarely has an impact on the legality of any subsequent arrest.

This is because the police are only required to read someone under investigation his or her rights once they have been placed in custody.

A driver pulled over for a potential traffic infraction and being asked various questions, such as where he or she was coming from and whether he or she had any alcohol to drink, is almost never considered to meet the criteria requiring the police to provide Miranda Warnings.

So long as the police are in the process of investigating whether a crime may have been committed but have not yet placed the driver under arrest, they are free to ask questions and even ask the driver to take various tests, such as field sobriety tests, in the course of their investigation.

This does not mean that the police are permitted to delay making an arrest indefinitely for the purpose of gathering additional evidence.

Once the police have established probable cause to make an arrest, they technically should provide Miranda Warnings.

If they do not, information they gather after establishing probable cause may not be usable at trial.

For practical purposes in DWI cases, however, in almost all cases roadside questioning by the police and the field test results will be viewed as a part of the investigation that may be undertaken without reading the driver his or her rights.

If you have been arrested for drinking and driving, it is important to know your rights.

Call us for a legal consultation regarding your case at 585-484-7432.