What a Motorist is Required to do is Suspected of DWI

July 26th, 2010

Many police vehicles are equipped with dash mounted video cameras which record the entire encounter at a DWI stop.  These tapes are useful to help prove or disprove intoxication of the driver.

The police officer will converse with the motorist to obtain information as to determine where they are going, if they have consumed any alcohol and how much. The officer has not yet made an arrest decision.  The officer may ask questions and answers recorded even though no Miranda warnings were read to the motorist.

The motorist is not legally required to answer these questions and refusal may be interpreted as an indication of guilt by the officer with a probable adverse effect on the arrest decision.  For further information, please contact your Ontario County DWI Attorney.

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Entry Filed under: Legal


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