miranda rights

I was arrested in alaska. after I was read my miranda rights, I told the trooper that I wanted to speak to an attorney before I did anything, including the breath test. was not even an aknowledgement of me asking for one, he kept going, I refuse to do anything until I spoke with an att. stated that at least 10 times. I did not even let them do my pic or prints either. Did not get one until i went in front of judge the next day. Is there an issue here? Please help

Did they question you after you asked for an attorney?? If not, no violation.

miranda

they just charged me with refusal of breath test. I told them that I was not doing anything until I spoke with an att.

You do not have the right to speak with an attorney before submitting to the tests and refusal to take the test is an additional crime (an infraction).

miranda

OK, but according to what I have found on the net so far. I have the right to talk to an att. before I do anything there.

Not true...
You have the right to an attorney after you have been arrested when you are being interrogated.

At the point you were refusing to cooperate the officers were still conducting a DUI investigation. They were determining your level of intoxication.

miranda

so you are telling me that once they read my miranda rights. I still have no right to speak with an attorney before I go any farther?

"go any farther" you don't have the right to talk to an attoney at this point.
Answer any questions. YES, you may have an attorney present before you answer incriminating questions. Or you can remain silent.

You must complete field sobriety tests.
You must complete a test to determine the level of alcohol in your system. Before you consult with an attorney.

ok,

I give up on the american justice system. all I wanted to do was speak to an att. before I done anything. was scared been a long time since I had been arrested, did not know what was going on. I guess. the justice system takes prioriety over anything that was consider rights 13 years ago. ok, will not post anymore. Will concede

Let me try to consolidate the responses and clear up your confusion.....

1) You were stopped for DUI.
2) The police can perform a field sobriety test (or breath analyzer) as a part of their investigation based on their suspicions. You do NOT have to be Mirandized for this. You have the right to refuse to comply with the request for tests (most states have a statutory provision for enforcing the tests... automatic suspension, etc.). However, you have to understand the scenario... the police already suspect you are DUI. The field test is just to confirm or deny their suspicions.
3) The Miranda warning is solely as to being asked questions. You have the right to answer them, or not. If you choose, you can have an attorney present to advise on your answers.

The sobriety tests have NOTHING to do with Miranda....

Let me give you a different example.... a search warrant. When serving a warrant, the police do not stand outside at the door yelling your Miranda rights to you. They have the right (by the warrant) to enter and search without giving ANY Miranda. The Miranda is only required prior to your answering any questions.

In closing.... your refusal to any sobriety tests without legal counsel has nothing to do with Miranda protections. They can still give the tests. However, you do (or did) have the right to not answer QUESTIONS without the advice of counsel.

If the suspicion of DUI exists, a field sobriety test and breathalyzer are the only things the law can do to you without an attorney present. If you are found intoxicated, your vehicle can also be searched for open containers as well correct? Once you have been arrested, then you may ask for your attorney.

May I ask this? I was as well "detained" as they say, for DUI. I was questioned before and after my arrest. AT NO TIME, was I read or given my Miranda rights. Not through the stop, arrest or booking. NEVER. I have all the paper work, and no such evidence shows giving my Miranda at any time.

I am a bit confused because I have read that there is no need for these rights in a DUI situation. Yet I have also read they should be given.
Which is it? Miranda or no Miranda at any time?

Even if no Miranda was given, I can still and will be charged for DUI, being I blew a .08. Question is, can ANY of the questions I answered be used against me at this point?
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Sorry, but I don't respond to messages that are 'piggybacked' on someone elses thread. It is rude and inconsiderate.... and diverts the issue from the original writer.

Apparently you DO! Otherwise there would be no posting from you following my message. Correct?

Besides, I was trying to add to the post and seek additional info perhaps both of us could find helpful. Many people visit these boards and read the postings. It just may be helpful to more than ONE person.
Boy oh boy...some of the attitudes on these boards amazes me.
"An expert is one who knows more and more about less and less."

miranda

I don't have a clue, that is why I posted here in the first place.