If you do answer questions while in custody and were never told your Miranda Rights, then in most instanced a motion can be filed in front of the judge to have those statements and any information that was discovered because of those statements thrown out so that they can’t be used against you. It is always best to decline answering any questions and to request and attorney right away once you are in custody and being asked questions. However, all the statements made during the traffic stop and made freely while in custody can be used against you. Any statements made as answers to questions while in custody can only be used against you if your Miranda rights have been told to you. If you say anything incriminating during the time before you are arrested, anything you say can still be held against you, even if you were not read your. So when does this apply in an OWI? This applies after you have been arrested and the officer is now asking you questions about the alleged OWI offense. Therefore, Miranda rights do not have to be read to you until you are 1) in custody and 2) being interrogated. Miranda rights get read if someone is A) in custody (under arrest) and B) about to be asked questions directly related to what theyre charged with and which might. no cop wants to be the one who gets accused for not reading the rights in a timely manner. The issue is that Miranda warnings are designed to protect individuals that are in custody. i believe that the miranda rights are said at the time of arrest, rather than after. The arrest in an OWI normally comes after some previous questioning, the field sobriety tests, and the Preliminary Breath Test. In an OWI case, it is most likely irrelevant. I often have clients say, “They never read me my Miranda rights.” That’s when the officer says you have the right to remain silent, the right to an attorney, and so on. What is the Role of the Miranda Rights in an OWI?
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