Q: MD DUI: DR15 form ADVICE OF RIGHTS is the same as Miranda Rights?
Defendant arrested for suspicion of DUI & taken into custody to police station. Arresting officer advised rights on form DR-15 to submit to test but defendant didn’t sign right away handcuffed to table. Observation period 20-30 minutes.. Breath tech officer asked defendant “are you going to sign” & if not… — Defendant asked “are you rushing me”
Was the defendants Miranda rights violated by the other officer asking that question & not being advised of right to remain silent?
Defendant answered “yes” and then signed and took the test..
Motion for suppression since the statement yes came after the police question but the DR15 hadn’t been signed yet?
All captured on body camera
A: It is not a Miranda violation to ask the Defendant to take a breathalyzer test. The DR-15 form is not the same as Miranda. However, Miranda rights are not required prior to the administration of a breath test.
1 user found this answer helpful
A: Unless you made incriminating statements, there’s nothing to suppress. Review the evidence in the case with your lawyer. If there’s a basis to file a motion, then it can be filed. I’m not reading anything in your post to support such a motion. Nor am I reading anything in your post to suggest the breath test was requested or administered incorrectly.
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