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As NH DUI Lawyers, we are often asked by clients if the police mishandled the DUI arrest by not reading them their Miranda rights.   “Miranda” rights, as they are popularly known, stem from the United States Supreme Court case of Miranda v. Arizona.  In New Hampshire, Miranda applies to interrogations when a person has been arrested or taken into custody.  As such, Miranda applies after you have been arrested and the officer continues to interrogate you.

mrianda (1)During the typical police encounter for a possible DUI, our local courts have ruled that the questions asked by police on the side of the road during their investigation are permissible custodial interrogations for Miranda purposes. As such, the police are under no obligation to advise you of your rights.  In the typical DUI arrest, roadside field sobriety tests are non-verbal statements and are also not covered by Miranda.  Because pre-arrest questions do not require Miranda, police officers are trained to obtain as much information as possible prior to placing you under arrest.

Miranda warnings are designed to protect the rights of individuals after they are taken into custody.  Once again, Miranda warnings are required to be provided following an arrest and prior to the officers continuing questioning.   The police must advise you of your Constitutional Miranda rights if they intend to interrogate you post-arrest.  Failing to do so should result in any statements made being declared inadmissible by the Court.

In any NH DUI, it is critically important that your NH DUI attorney carefully examine the police report and evidence to determine when you were in custody and no longer free to go, and move to strike statements made in violation of your Constitutional rights. The DUI Attorneys at Tenn And Tenn, P.A. have been helping individuals charged with a NH DUI for more than 20 years. Please feel free to contact us if you are facing a NH DUI charge at 603-624-0390.

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