DUI in Texas

[stevenjones03]

Texas,

Hello I have a question regarding what has happened.

I was Designated Driver in a city not familiar with, I pulled into a lane I could only do a U-turn in and did not notice there was a No U-turn sign that prohibited U-turns from certain time at night. I was then pulled over and asked for my driver's license, the police lady ran my ID and then came back to my car and gave it back to me, I asked her if she needed my insurance and she said no to just wait in my car. A Few minutes later another police car pulled up with 2 male cops, one of them asked me to step out to talk to me so I did and he asked me question's like where we were coming from and going. I was then handcuffed and they told me that they were going to sit me in the back of the cruiser while the questioned the people that were with me. after 15-20 minutes and searching my car without my consent they came back to the car and proceeded to take me to jail, so I asked them why i was going to jail and the nice officer replied for a DUI.

My question is I was not read my miranda rights nor was I offered a field sobriety or a breathalizer test.

What should I do in this matter? Thanks to all that reply.

[FlyingRon]

Miranda rights only apply to questioning after you are arrested.

Are you saying that no breath or blood test for alcohol was done, nor were any field tests?

Had you been drinking?

[JETX]

Originally Posted by stevenjones03

My question is I was not read my miranda rights nor was I offered a field sobriety or a breathalizer test.

Miranda is not required (too much television).
I doubt that you were arrested without ANY evidence of your alcohol level. I suggest you get a GOOD DUI attorney. A DUI charge is NOT to be taken lightly. It can be VERY expensive.

[stevenjones03]

Hello,

Yes as I stated before I was arrested and they have no evidence or proof that I either did or didn't drink alcohol, "I didn't" and what I am trying to figure out here is since they did not offer me any kinda of field sobriety or even offer me a breath test, doesn't this violate my rights in some way? and as far as my miranda rights even if they did have any evidence I could have it suppressed because of this.

Thanks again to all

[JETX]

Originally Posted by stevenjones03

I am trying to figure out here is since they did not offer me any kinda of field sobriety or even offer me a breath test, doesn't this violate my rights in some way?

No.

and as far as my miranda rights even if they did have any evidence I could have it suppressed because of this.

No you can't.

[stevenjones03]

My attorney is filing a motion to supress the video since my rights where not read to me. you are saying that I can't do anything that my hands are tied and the judicial system can do whatever they want and my constitutional rights do not protect me?

[JETX]

Originally Posted by stevenjones03

My attorney is filing a motion to supress the video

What 'video'??? Your post said "they did not offer me any kinda of field sobriety or even offer me a breath test". Now you admit that there is a video. So, which lie do you want us to believe??
In any case, since your first post was on Saturday and you now claim (on Sunday) that you have an attorney???!!!
More lies??

since my rights where not read to me

As I said before, they do NOT have to provide your 'Miranda rights'. That is ONLY required when they are going to interrogate or question you.

Miranda warning
n. the requirement, also called the Miranda rule, set by the U.S. Supreme Court in Miranda v. Arizona (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against him/her. The warnings are known as Miranda rights or just "rights." Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of these rights and knowingly waived them, before the confession can be introduced in the defendant's criminal trial.

you are saying that I can't do anything that my hands are tied and the judicial system can do whatever they want and my constitutional rights do not protect me?

That is NOT what I am saying at all. I am saying that you were charged with DUI, and unless they had to interrogate you to determine that (unlikely), no Miranda violation exists.

[stevenjones03]

No lies my friend the video of me in the back of the cop car on my way to jail, so tone it down please I am here for help not to be called a Liar.

[BigMistakeFl]

Are you a minor?

[JETX]

Originally Posted by stevenjones03

No lies my friend the video of me in the back of the cop car on my way to jail, so tone it down please I am here for help not to be called a Liar.

You are either a liar... or very confused as to the facts.

In either case, my original 'advice' still stands:
"I doubt that you were arrested without ANY evidence of your alcohol level. I suggest you get a GOOD DUI attorney. A DUI charge is NOT to be taken lightly. It can be VERY expensive."

[BigMistakeFl]

If there were not tests at all used to determine blood alcohol content, no field sobriety tests, and only video and the opinion of the cop(s), and you are over 21, you should find a lawyer and fight this charge.

[JETX]

Originally Posted by BigMistakeFl

If there were not tests at all used to determine blood alcohol content, no field sobriety tests, and only video and the opinion of the cop(s), and you are over 21, you should find a lawyer and fight this charge.

Absolutely. Also, I find it VERY UNLIKELY that an officer would file an arrest-warrant affidavit on the case and that the prosecutor would accept and charge with no evidence at all as suggested by the OP.
Something is definitely NOT right in this one.

[BigMistakeFl]

Yeah, as with so many posts, one has to attempt to extract details from the original poster. It is possible that there is more to this story than meets the eye.

[stevenjones03]

I would like to say thank you for your professionalism. I would like to add that no I am not a minor I am a grown man and what I posted is the truth.

"I was pulled over, i was asked of my License, I was told to wait, 2 male cops came, asked me to step out so they could talk to me, told me they wanted me to sit in back of there car, questioned the people in my car, searched my car."

At this point there was no field sobriety test and I was not offered a breath test. when I got to the jail I was not offered a breath test i was not offered a blood test. the police officers did not read me my rights after being processed in about 8-10 hours later the in jail judge that sets the bonds read me my rights.

again thank you Bigmistake as to i am getting alot of negative annotation from JETX and I do not care to hear from him on this post.

Thanks again to everyone that contributes good advice

[JETX]

Originally Posted by stevenjones03

i am getting alot of negative annotation from JETX and I do not care to hear from him on this post.

Hear... Hear!!