Every encounter with an officer of the law allows for you to exercise your rights to remain silent. These rights also extend to a DUI traffic stop. The question is how to recognize the line and when it crosses from being a simple conversation to an interrogation. Traffic stops are supposed to determine whether the driver is impaired and if any further action is needed.
More often than not, the officer conducting the traffic stop will have formed some sort of impression as to the state of your impairment. This generally means that he/she will be setting about to prove their theory. With this in mind the conversation you have with them could be leading you towards an arrest. The burning question is will that conversation be used against you.
The first thing to keep in mind is that you don’t have to wait for Miranda to be read especially if you are inclined to believe that the officer is correct. Even if you do not the law still allows for you to remain silent in order to protect yourself. In the final analysis if the officer is certain that they will be arresting you after all required tests are carried out, they should be reading you your rights.
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