You might get a post-arrest statement suppressed from evidence, but failure to read Miranda rights is not itself a violation of the State or Federal Constitution. This is possibly the most commonly asked question in DWI consultations. Why? Probably because many NH police officers and state troopers do not read Miranda rights at all when making DWI arrests. 

Why would well-trained officers choose not to read Miranda rights? First, because the law says they don’t have to unless they want to ask you questions that are the functional equivalent of “interrogation” - questions designed to elicit an incriminating response. And most officers are trained to ask the relevant questions before making the decision to arrest - Where are you coming from? Where are you headed? How much have you had to drink? What beverages did you drink? Did you use any illegal or prescription drugs? Did you use cannabis? Do you have any in your car? Do you have any injuries or disabilities or medical conditions that might affect your ability to perform balance and coordination tests? Do you feel like you’re safe to drive right now?  

Since the officers ask these questions before arrest, many employ the strategy of refraining from reading Miranda rights post-arrest. Why? Many people under arrest tend to be talkative, whether due to nervousness, or consumption of “social lubricants” like alcohol, or just because of discomfort with long periods of silence. Some people are verbally abusive to the officer. The law says that everything said by a person under arrest can be used against the person at trial, unless the officer solicited the information with a question or comment. Reading Miranda rights tends to remind people that it’s in their best interest to shut up. 

And so now you know - police officers don’t want you to shut up. They want you to keep talking, so the OFFICER exercises the right to remain silent! The officer asks no questions, reads no Miranda rights, and happily writes down any comments made by the arrestee that might incriminate them at trial. The takeaway of course is that the best strategy for a person under arrest is the same as the strategy employed by the officers - exercise the right to remain silent. Be polite, be respectful, but otherwise… shut up!