Were your roadside rights violated?
When you’re arrested, it’s likely you submitted to roadside tests. The arresting officer must follow these guidelines:
- The officer must have had a reasonable suspicion that you were violating the law.
- The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.
- The officer must have probable cause to believe you were operating a motor vehicle while impaired by alcohol or drugs before he requires you to take a chemical test.
- The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you.
- The officer must advise you of your obligation to submit to chemical tests.
- The test must be preceded by a proper deprivation or observation period.