If you’re not given a breathalyzer test and not read your Miranda rights but the cops take you from your car for a blood test, can the case be thrown out?

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If you’re not given a breathalyzer test and not read your Miranda rights but the cops take you from your car for a blood test, can the case be thrown out?

Asked on June 30, 2014 under Criminal Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Probably not. The fact is that you need not be given a breathalyzer if, in the opinion of the arresting officer, you displayed other conduct indicative of being under the influence (and you were also taken in for a blood test anyway). As for your Miranda rights, they need not be given if you were arrested but not questioned (other than for basic booking information - name, address, etc.). That having been said, there still may have been an irregularity in your stop and arrest. Consequently, contacting a DUI attorney who practices in the area of where this all occurred would be a good idea. They can go over the specific details of your situation and advise you accordingly.


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