DUI the other day...No rights read, breathalizer, or blood test done...Have a case?...?

So early Saturday morning I was sitting in a parking lot, car was on. Cop pulled me out, barely failed the field test and yes I started to mouth off a little. There were open bottles in the car. Ummm, I received no breathalizer or blood test at the jail. No rights were read upon arrest...*Not sure if they have to anyways for a DUI or what that could mean* ....Should I fight this and if so and I still lose will the sentence be the same or will they be pissed I tried to fight it?DUI the other day...No rights read, breathalizer, or blood test done...Have a case?...?
Where do all you people get your info? MTV? YOU DO NOT HAVE TO HAVE YOUR RIGHTS READ TO YOU IN ALL CASES, PERIOD Miranda only comes into play when you are arrested AND they want to question you post-arrest. And NO, THEY WILL NOT ';THROW OUT'; THE CASE IF THE POLICE DIDN'T READ YOU YOUR RIGHTS, even when they should have. The point of this forum is to give information to people who are asking for help, not to give you TV-based opinion.





As for your case, what training have you had to judge whether you ';passed'; or ';barely'; failed FST's? None. FST's are not pass or fail, they are a means to see if impairment exists and at what level. The officer's training and experience is what determines the results of FST's.





You seem to get the gravity of what you did, which is a good thing. I hate to tell you you don't have much of a chance in court if the officer documented everything well. If this is your first and you choose to plead guilty, let the judge know that you realize it was a mistake.





Bottom line, being pulled over and arrest for DUI is a lot better then getting into a wreck and killing some 3 year old.DUI the other day...No rights read, breathalizer, or blood test done...Have a case?...?
They do have to read you your rights if you are arrested. There is no need for a breathalizer or blood test because you had open containers in your car. Fighting it will require an attorney and DUI attorneys are not real cheap. You can try fighting it on your own, but that is generally considered foolish. The ounishment will be the same whether you do decide to fight it or not.
Contact a DWI lawyer. Those slime balls can get you off the hook even if you were on video sometimes. They will not be pissed if you try to fight it, that's paid court overtime for the cop. Each state is different on their laws so I can't tell you if they needed to read rights, usually it's a statutory warning about right to refuse tests, etc not Miranda rights. Most likely you were on video at the station so just get the lawyer and don't drink and drive again.
They don't have to read rights anymore, the law was changed a few years back. You are probably hosed as far as a conviction, however, due to the weak nature of the evidence (no, blood or breath) you could probably get an attorney to lower the penalties and maybe even get the case dismissed if you are very lucky
you might have a case if you can prove you weren't read your rights. as far as the whole dui thing it depends on your state laws. i know in pa if you are even found in the drivers seat with the engine off and the car parked that can book you for a dui, my friend is a cop near pittsburgh and he told me that. so you'd best see an attorney and see what can be done.
Were you arrested for DUI? Then get a good lawyer and tell him you were not read your rights. If they can prove you failed the field sobriety test, you may be doomed. They could probably drop the open liquor charge if this was your first offense. I hope you learned a lesson!
My friend got a DUI years ago and the lawyers find out and start soliciting you. So pick one and see if you can get off. Next time don't mouth off to the cops you jacka@@. You probably deserve to be in jail but it is possible to get off. I hope it costs you a lot of money!
The only time miranda needs to be read to you is during custodial interrogation. in other words, no you have no case. The officer did everything legally
Simple:


Yes, you have a case as long as you had nothing to drink.





Also, how would you know if rights were read if you were mouthing off at the same time?
Take it to one of them cheesy outfits that fight traffic cases. Glad to hear the oinks didnt Taser you with Thomas A. Swift's Electric Rifle. Good Luck from the beautiful Dominion of Canada.
were you resisting arrest? Did you incriminate yourself by admitting anything................... get a police report of what happened and then ';get an attorney'; this can be dismissed caused certain things sound shady here... good luck
fight it, but get a lawyer, it will be cheaper in the long run. Oh and dont wear a beer logo t-shirt to court like my family members do! it wont help
Get a lawyer now! But besides all that ';open bottles?'; You must've been three sheets to the wind. At lease you weren't driving. But it sounds like a bad scene.
http://forum.freeadvice.com/


I'd check on that forum, they provide good help.
Call an attorney. THey can best advise you. We are not attorneys.
i believe they have to read you your rights, but look up like citizens rights on google or yahoo or ask.com


sounds like you werent treated fairly
Do as the first one said. Get a DUI lawyer. They will know what is what in your local jurisdiction.
www.duihelpnow.info
If you were not Mirandized there is no case.
Contact an attorney that specializes in DUIs.
depend ending on the state
yes u have a case because it is the law for an aresting officer to read u ur rights
Alot depends on your state law. In California, NO, you do not have to be read your rights when being arrested. This only applies if the officer is going to question you AFTER you are arrested. Everything else involved in a DUI investigation is simply that, an investigation and open to questioning without rights being read.


As far as fighting it, hope you have alot of money! To hire a DUI attorney will definately cost you.
I am a police officer...So I will let you know that they did not have to read you your rights...there are situations in which it is required but this is not one! They are only required to tell you your miranda rights during a interrogation.


as for the breathalizer or blood test....All the officer will need to prove is your impairment...all the tests do is add to the Probable Cause that you were under the influence....If the officer believes that he already had enough PC to make the arrest the tests are not needed.


Should you fight it? The chances are you are gonna loose either way. But if you hire a great lawyer, you can get the charge dropped to a lesser offense...But then you are talking a chunk of change...if this is your first offense...probation and Community Service...and go on about your way. If this is not your first offense...GET THAT PRICEY LAWYER, or YOU WILL LOSE YOUR LICENSE!
Get an attorney - it will cost you (and it should), but you may be able to beat it, or get the charge reduced. You are going to be paying out a lot of money anyway, so you might as well give it your best shot. And yes, the police have to read your your rights (no matter what) if they arrest you! Bad faux pas on their part, and yes it could cost ';them'; the DUI conviction, and get you off. ';They'; really don't need the breathalyzer if you fail the field test (I think) especially if it is on video, but that depends on the field test used.





Who cares if ';they'; will be pissed if you try to fight it? It's your future we're talking about, not theirs'. If you think you have problems now, wait until this DUI charge is finalized, and on your record. Every time a copy runs your plate, this DUI will pop up on the computer in his patrol car, and he will pull you over and check you out (you will be like a cheep watch, getting stopped every 5 minutes), all because you were foolish enough to be sitting in a parked car with the motor running (yes, that is DWI). And just wait until you find out what auto insurance is going to cost you now!





The bottom line, is that if you are drunk, and are sitting in a parked car, make sure that the keys are in your pocket (or the glove box), you are sitting in the passenger (or back seat), and the keys are not in the ignition with the motor running! CUT BACK ON YOUR DRINKING, OR IF YOU MUST DRINK, STAY AT HOME!