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

UPDATED: Sep 9, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.


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