If you’re not given a breathalyzer test and not read your Miranda rights but the cops take you from your car for a blood test, can the case be thrown out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you’re not given a breathalyzer test and not read your Miranda rights but the cops take you from your car for a blood test, can the case be thrown out?
Asked on June 30, 2014 under Criminal Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Probably not. The fact is that you need not be given a breathalyzer if, in the opinion of the arresting officer, you displayed other conduct indicative of being under the influence (and you were also taken in for a blood test anyway). As for your Miranda rights, they need not be given if you were arrested but not questioned (other than for basic booking information - name, address, etc.). That having been said, there still may have been an irregularity in your stop and arrest. Consequently, contacting a DUI attorney who practices in the area of where this all occurred would be a good idea. They can go over the specific details of your situation and advise you accordingly.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.