No. The officer is supposed to give a Miranda warning after he arrests you. From a practical standpoint, the police will delay the arrest decision long enough to allow you to make numerous inculpatory statements. The only consequence of a Miranda violation is that the prosecution may not use any of your answers to questions asked by the police after the arrest. Even this limitation has been eroded because statements made in violation of Miranda can be used for impeachment purposes should you testify in your own behalf at trial. Again, the wisest course of action is to say nothing regardless of whether or not you have been formally placed under arrest.

Of more consequence in most cases is the officer's failure to advise you of the state's “implied consent” law. That is, your legal obligation to take a chemical test and the consequences if you refuse. This can affect the suspension of your license.

Attorney Richard I. Lippitt stands ready to provide you with a free, no-obligation meeting regarding your case. Please call (248) 921-7164 or request a Free Case Evaluation via the form on this page.