I work at a tobacco shop. And after they said I blown through a stop sign. When asked when drinking I said no. Then he said I smelled, and I quote, “of something suspicious”. I get cops get their paycheck for tickets and such but seriously has it really gotten this bad that for a ticket they try to make it something bigger? and ignoring my rights?
Very much not a lawyer but in the US from what I understand you don’t have to consent to a field sobreity test at all (IE the breathalyzer), but the cops can require you to come to the station for, the tests that they refused to give you.
As far as Miranda rights, that’s kind of misunderstood, in short if you weren’t formerly brought into an interogation room. or put in jail, it’s not a strong requirement for them to read it.
I don’t have the full picture but if you aren’t in jail, then you’ve basically got a BS ticket. They might be able to hit you for reckless driving or something if you were swerving or something in your driving lead to the actual suspicion and they have it on dash cam, but the DWI itself, should fall apart instantly without evidence.
I know my ex got out of a DWI that she was very guilty of, simply by police incompetence (cops lost the test results),