November 14, 2011 By Paul Wallin

The answer is very likely YES. The police are not required to read you your Miranda rights unless you are in “police custody”. This normally means you have been identified as a suspect and you are not free to go. When you are stopped by a police officer who smells alcohol on your breath the law allows the officer to ask you how much you had to drink and to ask you to perform certain tests. You can refuse to answer his questions legally (other than to advise him of your name and provide him with proof of registration and insurance). You can refuse to take the field sobriety test. However, if you choose to answer his questions or take the tests that evidence can be used against you. Miranda rights are not required until you are arrested and in police custody.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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