Do Miranda Rights Apply to OVI Cases?
Yes. However, the beginning of the process is often confusing in OVI cases as opposed to normal criminal cases. By the time the Miranda Rights are read to a driver enough information has often been obtained that a phone call to an attorney or remaining silent has lost much of its value. A police officer, on a suspected OVI stop, has a right to investigate to determine if a driver may be OVI. This usually consists of questioning the driver, asking the driver to exit the vehicle, and running the driver through several psychomotor tests designed to determine coordination of that driver. Up to this point, the law does not require that the officer read you the Miranda Rights. Only when he or she has handcuffed a driver or places a driver in custody must he or she read a driver his rights. However, by this time, the police officer may have enough evidence to obtain a conviction. There is nothing improper with asking the officer if you may call an attorney at the time of the stop. When this i
