When a person thinks of their rights at an Arlington DUI stop, it is a common misconception that a person must be read their Miranda rights during a stop. In fact, there is a very low percentage of cases in which Miranda rights would apply at a DUI stop in Arlington. The evidence being gathered is not testimonial in nature, and a person is not under arrest, in custody, or the in custodial equivalent of an arrest.
Miranda applies if the officers are grilling a person after they have already been arrested for suspicion of DUI, such as while the law enforcement officials are transporting the defendant to the local adult detention center.
If a person is not given Miranda rights during the roadside investigation prior to DUI arrest, nothing illegal is happening. There are, however, circumstances in which Miranda must be read during the DUI case, including if a person is asking if they are free to leave, if they are clearly detained, and in other unique scenarios.