Here’s a free PDF list of DUI Pre-Miranda Questions!

DUI Investigations are a common situation for patrol cops. Although the general concepts are relatively simple, conducting a solid DUI investigation that will hold up in court can be a challenge if we are not properly prepared. This form will help you out with one crucial area of DUIs: the pre-Miranda questions.

DUI investigations are unique in a way, because LEO’s can question a suspect before the Miranda warning. Many police officers miss this crucial aspect of their investigations, possibly because they forgot this part of their training, or they do not recognize how important it can be for the case.

These questions can be a crucial opportunity during the contact to get statements from the driver. This can in effect lock the driver in to their statements, and potentially eliminate certain defenses later in court.

For example, if you ask a driver how much they have had to drink and they respond “two beers”, they will have a hard time claiming in court they did not drink at all. It’s a good thing you asked!

This may seem obvious, but you might be surprised how many officers only ask a few of the many questions they could or should be asking.

To help our LEOs out there, we have created this handy form for you to ensure you are asking the right questions in a consistent manner, to strengthen this part of your investigation.

Always consult with your department policy, your district attorney and credible resources such as NHTSA.

(Hint - We are pretty good about making sure we only provide information from credible sources.)

Print a bunch of these forms out, and keep them handy in your posse box. When you conduct a traffic stop and suspect a DUI, grab this form and you will be ready to question, and efficiently retain the driver’s responses.

Above all, please be safe out there.

• Team TacBook