Question: Are the police required to read the Miranda warning when making a DUI arrest in Oklahoma?
Answer: This is something we run into a great deal. And the majority of the time we do not see Miranda warning read in a DUI. It is not required most of the time. Like any part of law, it’s very difficult to give an absolute. But most of the time an officer is merely investigating. Once they have gotten through with their investigation, they make an arrest, there’s really not much evidence collected after that arrest other than the breath test, which is a matter of reading and asking questions—that is not interrogation. So, a person is rarely interrogated while they’re in custody, and that’s when the Miranda warnings come in. There are some instances when it would warrant it, but as a common issue, it’s normally not a big part of the case.
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