| The fifth amendment to the United States Constitution | | | | them. This is because, if the Miranda Warning was not |
| guarantees, among other things, the right of any | | | | read to the person being arrested then there could be |
| person accused of a crime to not testify against | | | | very serious ramifications on the ensuing criminal case. |
| himself. This amendment has been a part of the U.S. | | | | In many instances, determination of whether or not an |
| Constitution since 1791. However, it was not until the | | | | individual suspected of driving while intoxicated is over |
| 1960s that law enforcement were forced to really | | | | the legal limit or not is still done by a field sobriety test |
| take this Constitutional Right seriously. | | | | issued by the arresting officer. Field sobriety tests are |
| In 1963 a man named Ernesto Arturo Miranda was | | | | good at help an officer decide if a person is too |
| arrest for robbery. During the course of police | | | | impaired to drive. However, they do not give the |
| interrogation, Miranda confessed to another serious | | | | officer any idea of just what that person's blood |
| crime. Ultimately, the courts decided that since Miranda | | | | alcohol level really is. |
| had not been informed of his fifth amendment rights | | | | Is the person very drunk? Are they just slightly over |
| and had not waived them, his confession was not valid. | | | | the limit? Are they even over the limit at all? The |
| It is because of this case that law enforcement | | | | officer has no way to know for sure from just a field |
| officers today read what is known as the Miranda | | | | sobriety test. In most instances the police officer, telling |
| Warning to anyone they arrest. The Miranda Warning | | | | you that the field sobriety test demonstrates that you |
| is simply a statement of every citizens rights to avoid | | | | have been drinking, will attempt to get you to confess |
| self-incrimination and to legal representation under the | | | | to drinking and to how much you have had to drink. |
| U.S. Constitution. Almost everyone is familiar with this | | | | However, if you answer these questions and your |
| warning, having heard it on television or in movies if | | | | Miranda Rights have not been read to you nor have |
| never in person: | | | | you waived those rights then your confession is not |
| "You have the right to remain silent, anything you say | | | | admissible in court. |
| can and will be used against you in the court of law. | | | | Even if the addressing officer does use a breathalyzer |
| You have the right to an attorney. If you cannot afford | | | | test to determine if your BAC is over the limit, he still |
| an attorney, one will be appointed for you." | | | | has to read your rights to you. If he fails to do so then |
| It is unlawful for a police officer to take a person into | | | | your case may end up being dismissed. If your rights |
| custody without reading that warning. Neither is it | | | | were not read to you when you were arrested it is |
| advisable that anyone being arrested confess to being | | | | important to let your attorney know. |
| aware of that warning should police fail to read it to | | | | |