State v. HW

The client was investigated for DUI after being in a car accident. The client was arrested for DUI based on the officer's observations of the clients alleged “staggering walk” and the odor of alcohol on his breath. He was not asked to perform field sobriety tests until after another officer arrived on scene, which was after the client had been placed in handcuffs by the first officer.  The charge was reduced to Reckless Driving after it was determined that the field sobriety tests would not be admissible at trial because the officer was obligated to advise the client of his Miranda rights before asking him to submit to field sobriety testing since he was already under arrest at that time.  Miranda only applies in DUI cases when a person is in custody or a reasonable person would believe he was in custody and then a DUI investigation starts after the person is in custody.