If you are arrested...
Once an officer has enough evidence to make an arrest for DUI, the handcuffs go on. It's important to cooperate regardless of your circumstances. An attorney can help you sort out your defense later.
The officer didn't tell me my Miranda rights. My case gets dismissed right? Sorry, no. That's a common question lawyers hear. It is relatively rare that officers give the Miranda advisory to DUI arrestees. They don't have to.
Miranda warnings only apply to a person who is 1)in custody AND 2)being interrogated. The officer usually asks those incriminating questions before the arrest thereby foregoing the need for Miranda.
Call an Attorney
Ask to call an attorney before you take a blood or breath test. As long as you don't refuse or delay the test, you have a right to get legal advice before you proceed.
Alcohol Test .08%
After an arrest, an officer will take you to a police station, jail or testing site. Refusing the test can lead to a search warrant and license suspension. If possible, get legal advice.
Continue reading: What To Do If You Are Charged
Blood Search Warrants
If you refuse to take the test an officer can attempt to acquire a search warrant. Once issued, the search warrant allows the officer to take a blood sample. In addition, because you refused you face a 1 year license suspension.
Preserve a Sample
After the test you may be handed a form asking whether you would like a sample of your breath or blood to be preserved. Yes, you do. Don't waive this right. Your attorney can have the sample tested later.
Get Your Own Test
Ask to be released quickly so that you can go to a hospital, a lab, or call your doctor to arrange to have your own test done. Such a test gives you evidence to refute the State's blood alcohol reading.
Upon release an officer will hand you a form called an Admin Per Se Affidavit which is used to tell MVD to suspend your license. 15 days later your license will be suspended without further notice unless you request a hearing.