Are the policesupposed to read me my rights and do they have the right to make a minor do a sobriety test without parents?

Get Legal Help Today

 Secured with SHA-256 Encryption

Are the policesupposed to read me my rights and do they have the right to make a minor do a sobriety test without parents?

I’m 16 years old and was arrested for a DUI. The cop made me do sobriety tests without my parents with me and he never read me the Miranda warning or asked if I knew it.

Asked on September 9, 2011 under Criminal Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When a person is stopped on the belief of driving a motor vehicle (regardless if the person stopped is an adult or a minor) under most state's laws the driver of the vehicle is has given implied consent to cooperate with law enforcement in performing field sobriety tests as a condition of receiving his or her driver's license.

There was no requirement that your parents needed to be repesent when the field sobriety tests were performed upon you by law enforcement when you were stopped for suspicion of driving a motor vehicle under the influence of alcohol or a controlled substance.

Rights per the Miranda decision do not start applying until after one is arrested. The field sobriety tests occurred before your arrest.

 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption