Please give some advice on my rights DUI

[denlron]

What is the name of your state? Tennessee

I was pulled over last night for a burnt out taillight. The Officer asked my name and date of birth. Upon running my license he asked me to step out of the car, Handcuffed me told me I was under arrest for Driving on a revoked license and put me in back of patrol car. My mother showed up soon after and spoke with police and was allowed to drive the car back to my house. When my mother returned she was allowed to speak to me and I told her they have arrested me for driving on a revoked license. After approx. 20 min in the back of the patrol car the officer came to me seated and handcuffed and asked if I would perform field sobriety tests. I told officer that since I was currently under arrest for driving on a revoked license that I would not take the tests and that I would like to contact my attorney. The officer then said "well will you bleed for us" I again told the officer that I was currently under arrest and would like to speak to my attorney. The officer took me to jail and then charged me with DUI and driving on a revoked license. At the jail the officer read me the implied consent law and had me sign it. My question is what are my rights since I was already placed under arrest for driving on revoked license with regards to not being mirandized and refusing all tests. I understand miranda isn't required for fst's and breath blood tests but that applies in my understanding to initial investigation not 30 min after you have been arrested for another charge. Please Advise.

[HomeGuru]

Originally Posted by denlron

What is the name of your state? Tennessee

I was pulled over last night for a burnt out taillight. The Officer asked my name and date of birth. Upon running my license he asked me to step out of the car, Handcuffed me told me I was under arrest for Driving on a revoked license and put me in back of patrol car. My mother showed up soon after and spoke with police and was allowed to drive the car back to my house. When my mother returned she was allowed to speak to me and I told her they have arrested me for driving on a revoked license. After approx. 20 min in the back of the patrol car the officer came to me seated and handcuffed and asked if I would perform field sobriety tests. I told officer that since I was currently under arrest for driving on a revoked license that I would not take the tests and that I would like to contact my attorney. The officer then said "well will you bleed for us" I again told the officer that I was currently under arrest and would like to speak to my attorney. The officer took me to jail and then charged me with DUI and driving on a revoked license. At the jail the officer read me the implied consent law and had me sign it. My question is what are my rights since I was already placed under arrest for driving on revoked license with regards to not being mirandized and refusing all tests. I understand miranda isn't required for fst's and breath blood tests but that applies in my understanding to initial investigation not 30 min after you have been arrested for another charge. Please Advise.

**A: nice try alkie.

[fagettaboutit]

***A: nice reply dick.

Originally Posted by fagettaboutit

***A: nice reply dick.

Pick up on Tuesday.

[BigMistakeFl]

I don't think you have a case. To be certain, talk to a lawyer. First consultation is usually free. It sounds like the cop did everything correctly. They don't have to hold off on DUI just because of another arrest in place at the time. The cop had to have had some probable cause. Your refusal will be used against you too. You may be able to plea out early to minimal penalties.

[CdwJava]

Originally Posted by denlron

After approx. 20 min in the back of the patrol car the officer came to me seated and handcuffed and asked if I would perform field sobriety tests. I told officer that since I was currently under arrest for driving on a revoked license that I would not take the tests and that I would like to contact my attorney. The officer then said "well will you bleed for us" I again told the officer that I was currently under arrest and would like to speak to my attorney.

He could have smiled and said, "Okay." And then compelled blood from you had he sufficient cause to believe you had been DUI.

You had a right to refuse the FSTs but not the chemical test. Your refusal can result in a further suspension and can be used as evidence against you. And if he had probable cause to believe you were DUI, 30 minutes later is still adequate and reasonable time to ask for an FST or a mandatory chemical test.

- Carl