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Finally, what about Miranda. As we all know, in most cases, if a person is arrested, he or she is entitled to Miranda warnings. It’s not always so in the drunk driving context, however. In most states, a driver does not gain the benefit of a lawyer until he or she submits to a breathalyzer test, or refuses to consent.

However, many courts simply hold that, for the purposes of Miranda, a traffic stop doesn’t count as a formal arrest, thus no Miranda warnings are required. Allow Legal-database.com to reiterate this point: Laws vary from state to state. This is simply an overview, and does not, in any way, amount to legal advice. If you have been arrested for drunk driving, it is in your best interests to contact a local attorney.

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