As far as I understand, there is a difference between being detained for questioning and being arrested.
They can detain you and test you to see if you are infact legally impared. If they find that you are simply too tired to drive, they can have someone come pick you up and take you home and not be arrested.
Arrested starts a legal process on something you can be charged for in a court of law.

Another example would be if you were a witness to a murder. The police can bring you in for questioning to get your info on the crime. They don't have to read you your miranda rights, since you didn't commit the crime.

 

they don't have to read you your rights until they begin "interrogating" you, and i think in some states thats only if you ask to know what your rights are. as far as i know, they can force you to testify, but only in a courtroom and after you've sworn to tell the truth. of course, if you're married to the person or ARE the person being charged, you can plead the 5th

 

I am in Law Enforcement here in Washington State and I know that here (and it may vary from state to state and department to department.) With the case law here in Washington and policy dictates Miranda. I know that when I have the probable cause to believe someone is drunk I read them their Miranda rights. I know that people here have been talking about detaining and interrogating as prongs to Miranda and they are absolutely right. But there are different levels of intoxication you never know what they may understand in their state. But it is all recorded so it can be played back at a later time say in court. I thing the key is to do it just about the same every time. Say you have the drunk in car and he begins telling all about his evening and you thought he was too drunk to understand his Miranda rights, a nasty Defense attorney (no offense to anyone intended) would have your *** in court if no Miranda rights were read no matter what the state of the drunk at the time. These are just my thoughts from the experience I have.

 

RRRRUUUUUUNNN!!!!!!

 

Vita (Mike)
A couple tried that this morning. They got away (look for the video coming this fall on FOX) but not for long.


[align=center]I like the part (Anything you say, can and will be used against you: ), Well `if anything I say can be used against me, I'm not[/align][align=center]say'in nothing: ) [/align]
What about........... "Mommy." [sm=icon_rofl.gif]

 

being to drunk is usually not considered a defense.

however, it has been known to happen and over turning old cases gives lawyers and appellate/supreme court judges jobs.

 

Ourcriminal justice system has been transformed into a giant money-makingscheme for attorneys. In fact, this is true of our entire "legal" system. One of the reasons for this is that we keep blindly electing attorneys to legislativepositions -take a look at how many attorneys currently infest Congress. These people have a vested interest in continually slapping us withnew laws, while keeping everything as complicated and convoluted as possible. The federal tax code (which seems to become more complicated every year) is a perfect example of this. What happened to the debate over a true flat-tax, or a national retail sales tax? I'll tell you what happened to it - the attorneys who are supposed to be representing us in Congress keep sweeping it under the rug, and won't even talk about it. Why? Becauseit would put attorneys out of the tax biz, and they wouldbe reduced to chasing ambulances for a living.

 

im not sure i completely agree with you...i do agree that lawyers are making alot of money, more than they should but ppl r willing to pay them massive amounts of money and y would a lawyer not charge what someone is willing to pay. but anyways laws r so hard to understand because they r written to try and make that there are no exceptions to the law...ppl r always tryin to find an exception to rules and laws are no different, if ppl werent tryin to find loop holes in laws then they wouldnt have to be written so complicated

 

Incase no one has noticed............... you get into say an auto accident, hurt at work, beat up by the mad cook at Bob Evans and they've made it so you HAVE to get a lawyer now days. You don't have a choice unless you want to end up on the short end of the stick.

I'm not saying most of us are out to get rich off a unfortunate incident. But if you're the innocent party you can expect lawyers from the other side looking into every part of your life. Even people close to you will get this.

 

very true...excellent point, i wouldnt want to go to court without a lawyer