The fifth amendment to the United States Constitution guarantees, among other things, the right of any person accused of a crime to not testify against himself. This amendment has been a part of the U.S. Constitution since 1791. However, it was not until the 1960s that law enforcement were forced to really take this Constitutional Right seriously.
In 1963 a man named Ernesto Arturo Miranda was arrest for robbery. During the course of police interrogation, Miranda confessed to another serious crime. Ultimately, the courts decided that since Miranda had not been informed of his fifth amendment rights and had not waived them, his confession was not valid.
It is because of this case that law enforcement officers today read what is known as the Miranda Warning to anyone they arrest. The Miranda Warning is simply a statement of every citizens rights to avoid self-incrimination and to legal representation under the U.S. Constitution. Almost everyone is familiar with this warning, having heard it on television or in movies if never in person:
"You have the right to remain silent, anything you say can and will be used against you in the court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you."
It is unlawful for a police officer to take a person into custody without reading that warning. Neither is it advisable that anyone being arrested confess to being aware of that warning should police fail to read it to them. This is because, if the Miranda Warning was not read to the person being arrested then there could be very serious ramifications on the ensuing criminal case.
In many instances, determination of whether or not an individual suspected of driving while intoxicated is over the legal limit or not is still done by a field sobriety test issued by the arresting officer. Field sobriety tests are good at help an officer decide if a person is too impaired to drive. However, they do not give the officer any idea of just what that person's blood alcohol level really is.
Is the person very drunk? Are they just slightly over the limit? Are they even over the limit at all? The officer has no way to know for sure from just a field sobriety test. In most instances the police officer, telling you that the field sobriety test demonstrates that you have been drinking, will attempt to get you to confess to drinking and to how much you have had to drink. However, if you answer these questions and your Miranda Rights have not been read to you nor have you waived those rights then your confession is not admissible in court.
Even if the addressing officer does use a breathalyzer test to determine if your BAC is over the limit, he still has to read your rights to you. If he fails to do so then your case may end up being dismissed. If your rights were not read to you when you were arrested it is important to let your attorney know.
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