Tavares, FL DUI Law Firms & Lawyers

The police only have to read an accused their rights under Miranda when the person is 1.) under arrest and in custody and 2.) being questioned about a crime (that one or another one).  This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.

There is no Yes/No answer. It depends on the law of the state that has the open warrant. Usually, that charge is a misdemeanor or less and the state issuing the warrant is responsible for the cost of transportation; most states will not pay the cost of transportation for such a minor charge. Be aware that if he is arrested for any charge and the arresting state runs a computer check and sees an open warrant, the arresting state can hold him for a period of time to give the state issuing the warrant an opportunity to come and get him. Usually, the maximum hold is 30 days.

The video in the intox room is intended to prove that the breath test was administered according to the established rules and procedures. For example, was there a 20 minute observation period?, were you offered a breath test?, did you refuse the breath test?. Anything you may have said in the form of admissions could be used against you.  Miranda applies to interrogation, questions such as "have you been drinking?", how many drinks have you had?", etc.  The video in the intox room may have admissible evidence recorded.  A lawyer could file a motion to suppress evidence if you were being questioned and not read your Miranda rights. If all that happened is that you were shooting the breeze with the officer, probably not any interrogation taking place and as such no need to read Miranda, and nothing harmful on the video. The case law says that you don't need to be read Miranda before taking a breath test because it is not interrogation,  and your are not entitled to a lawyer when making the decision to take or refuse the breath test.