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Criminal Law

: Palm Beach Criminal Defense Blog

DUI and Miranda Warnings

By Ron Chapman

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On February 10, 2008, I posted an article entitled "When Are Miranda Warnings Required?" In that article, I stated that the police are required to give a person Miranda warnings only when that person is in custody and is being interrogated by the police. After writing that article, I came across a recent Florida case which seems to contradict the United States Supreme Court's decision in Miranda v. Arizona.In State v. Busciglio, Mr. Busciglio was arrested for DUI and then taken to a police facility where he was asked to blow into a machine in order to determine the amount of alcohol in his breath. Mr. Busciglio refused to blow and later argued that he had the right to consult with a lawyer before deciding whether to blow...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on February 18, 2008 (boomark / email).

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