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When does Miranda apply? Or, “The police did not read me my rights!”

Or “The police did not read me my rights!”

Miranda v. Arizona held that prior to any in custodial interrogation an individual must be advised that: (a) you have the right to remain silent; (b) that anything you say can and will be held against you in a court of law; (c) that you have the right to an attorney, and (d) that if you cannot afford an attorney one will be appointed to represent you prior to any questioning.

If the police do not advise you of your Miranda rights, that does not mean that you cannot be arrested or prosecuted. Miranda only serves to exclude any statements made by you while in custody and in response to police questioning.

Miranda rights are not the only ones that come into play when a person has been arrested for a Minnesota DWI.  Because in addition to the Miranda warnings, the police must also read the “Minnesota Implied Consent Advisory” to anyone who has been arrested for a DWI.

The Minnesota Implied Consent Advisory informs a person that the law requires them to submit to testing and that it is a crime to refuse.  The advisory also informs the person under arrest for DWI that they have the right to contact an attorney prior to any breath, blood or urine testing at the police station.

So if you have been arrested for a Minnesota DWI, contact Minnesota DWI Lawyer F. T. Sessoms:

For answers to all of your Minnesota DWI and DUI questions, please call Minnesota DWI Lawyer F. T. Sessoms at (612) 344-1505 today!