NH DUI AND MIRANDA RIGHTS
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.
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.