DWI: Questions During the Booking Process

Posted by Ryan Russman | Oct 28, 2013 | 0 Comments

Even though you have already been read your Miranda Rights and do have the right to remain silent, you must provide information during the booking process when you are arrested such as your name, address and date of birth. It is not a violation of your Miranda rights for the officer to require this information from you; they may also record your height, weight, hair color, eye color, and any other identifying information.

During the booking process, unless you have waived your Miranda rights, the officer may not ask you questions about how much alcohol you had to drink or questions to try and determine your impairment (like asking you to recite the alphabet backwards, etc). If the evidence obtained against you was obtained by violating your Miranda rights, the evidence will be suppressed.

However, if a subsequent alcohol concentration test (it was a breath test in the documented case) was procured using proper ALS informed implied consent, the court will not uphold a “fruit of the poisonous tree” argument to suppress the evidence and the results of the test will be allowed.

During the time that you are being booked and held in the jail, make note of the names of every person with whom you come into contact. Regardless of the circumstances of your arrest, the more evidence and witnesses you can provide at your trial, the more credible you will be.

This post contains excerpts from The DWI Book, the definitive guide to protecting your rights in the face of New Hampshire's tough DWI/DUI laws.

About the Author

Ryan Russman

Attorney Ryan Russman has dedicated his career to fighting for the rights of New Hampshire citizens. His practice, based in Exeter (Rockingham County) New Hampshire, is limited to cases involving DWI and DUI, other motor vehicle and criminal cases, and many cases involving personal injury. He is, however, best known as one of New Hampshire's leading legal authorities on DWI.


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