Drunk Driving, DUI, and DWI FAQ

Questions:

• How drunk or high does someone have to be before he can be convicted of driving under the influence (DUI) or driving while intoxicated (DWI)?
• How can the police find out whether a driver is under the influence or intoxicated?
• Do I have to take a breathalyzer, blood test, or urine test if I am stopped for DUI or DWI?
• If I'm stopping for driving under the influence, am I entitled to talk to an attorney before I decide whether to take a breath, blood, or urine test?
• If I'm stopped for driving under the influence (DUI) or driving while intoxicated (DWI), can a police officer ask me questions without reading me my rights?
• I've been charged with drunk driving/driving under the influence/driving while intoxicated. Should I get a lawyer?
• I was pulled over at a DUI/DWI roadblock and asked to wait and answer a police officer's questions. Is this legal?

Answer:

If I'm stopped for driving under the influence (DUI) or driving while intoxicated (DWI), can a police officer ask me questions without reading me my rights?

Sometimes. Whether a police officer has to read you your rights on a DUI or DWI stop depends on whether or not you are in police custody -- that is, whether you are subject to the restraints common to a formal arrest. The U.S. Supreme Court has ruled that the police do not have to provide Miranda warnings during roadside questioning of a motorist detained pursuant to a traffic stop. Thus, roadside questioning about your drinking, drug-taking, or performance on field sobriety tests does not constitute "custodial interrogation." However, once you are arrested -- or restrained by the police in a manner consistent with arrest -- you must be read your Miranda rights.