Categories: DWI Arrest Procedures

Why Didn’t The Police Read Me My Miranda Rights Before They Had Me Do The Field Sobriety Tests?

Miranda rights are not required to be read at the scene when the police are performing the initial field sobriety tests. This is because the courts have determined that at that point the officer is still in the investigative phase where he is trying to determine if you are intoxicated.

Because he is not “interrogating” as defined by the courts, field sobriety tests at the time of the stop do not fall under Miranda.

If the field sobriety tests are performed after you are under arrest and are transported to the police station, Miranda rights are required to be read. If they are not, any tests or statements you make after the point they should have been read may be excluded from evidence.

If you need help defending you DWI case in the Dallas area, call me at 214-296-2770

Mike Goolsby

A veteran in both civil court cases and criminal defense, Mike Goolsby is a respected lawyer with more than 16 years of experience practicing law. He received his Bachelor of Business Administration degree from the University of North Texas in 1990, followed by his J.D. from the prestigious Thomas M. Cooley Law School in 1994. After earning his law degree, Mr. Goolsby worked as an Assistant District Attorney for the Dallas County District Attorney’s Office. As a trial lawyer, he was able to gain exceptional access to the criminal court system in this major metropolitan area, giving him immeasurable, distinct experience that helped him build a solid foundation for his own private legal practice. Mr. Goolsby went on to practice civil law for Maverick Acceptance Group, a venture capital company. Here, he gained invaluable knowledge of the civil side of the law, adding to his already diverse portfolio of legal expertise. In 1999, he opened the doors of The Goolsby Law Firm and has been successfully serving the residents of North Texas ever since. As an attorney, Mr. Goolsby combines his experience in both the civil and criminal fields to offer unmatched legal representation to his clients. With a long list of satisfied clients, Mr. Goolsby continues to build his practice through fair and aggressive legal defense.

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