Question: When will the police read my Miranda rights during an OWI investigation/arrest in Wisconsin?

Answer: The police generally will not read Miranda rights during an OWI arrest until often the very end of the procedure in Wisconsin. They tend not to read any Miranda rights during the actual arrest—until after the arrest. Then they will often fill out a form requesting that the person provide information about themselves, what they’ve been doing that evening, whether they have certain physical or medical impairments that can affect either the field sobriety or the blood and breath test results. That is the point at which they will inform the person of the Miranda rights. They tend to do that in OWI cases because most of the questions that they’re asking have been held by the court to be not problematic for Miranda reasons. So, asking a person to provide a breath test, things like that, will come in in court, whether they’ve been read Miranda or not. Outside questions investigating the incident itself after the arrest has occurred can be thrown out if Miranda rights were not read.

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