Wednesday, November 17, 2010

How CHP trains its DUI officers to ask questions without violating Miranda Rights

CHP DUI Enforcement Manual, California, states:

Officers should ask a series of pre-(field sobriety) test questions.

These questions are designed to illicit (sic) information that will assist the officer in developing an opinion as to alcohol and/or drug impairment.

The questions contained on page 2 of the CHP 202, DUI Arrest-Investigation Report, may be asked without a Miranda admonition during a California DUI investigative detention.

However, if the driver is placed under arrest, California CHP DUI officers shall advise him/her of his/her Miranda rights prior to asking any questions intended to solicit incriminating statements.

[If they do not, DUI criminal defense lawyers will move to suppress those statements.]

California Drunk Driving defense attorneys have access to this excerpt and the entire DUI enforcement manual used by the California Highway Patrol.