Interviewer: When do Miranda Rights come into play in cases like this?
Michael Munoz: Miranda only affects statements made by police, the Arizona case law says officers are allowed to ask initial investigatory questions at the scene. That doesn’t really trigger Miranda in most courts eyes, but when they do take you back to your station and you are under arrest, they will ask you a series of questions and they are supposed to Miranda before they ask you those questions. They’ll ask you what have you eaten, where have you been, where are you going, does your car have problems, how much did you drink, they’ll ask you just lots of different questions and those questions are not meant to help you, they are only meant to incriminate you. So people should be exercising their Miranda Rights much before then. They should be exercising their right to remain silent at the very beginning of the investigation and if they don’t, they do need to exercise it as soon as possible.
An Officer Will Initiate a DUI Investigation of the Driver if He Suspects Drug Abuse
Interviewer: What would happen in a case when someone was pulled over and someone else was driving and the police officer may smell the odor of marijuana, but there are two people in the vehicle and the vehicle didn’t belong to the person driving, it belonged to the passenger. What would happen in that case?
Michael Munoz: It’s a case by case basis but I think the officer is probably going to initiate a DUI investigation on the driver, regardless of whose vehicle it is because in the officers position, I think they are going to say that they smelled marijuana coming from the vehicle and you can’t distinguish who it’s coming from so I’ve got to do the investigation. I think that’s what’s going to happen. I think people who are in that situation, if you are a sober driver, then you’re fine regardless of what’s happening. I think you are going to be fine if you’re sober and you don’t have any drugs on your person, or near you, but if you do have anything in your system, you need to be aware of that. You’re probably going to get investigated for DUI based on that odor.
Common Types Of Prescription Drugs Involved in Drug Related DUI Cases
Interviewer: What are the most common types of drugs as far as prescription medication goes that are being found?
Michael Munoz: I’d say the most common prescription medication are pain killers like Oxycontin, Percocet, and then you have some mood stabilizers like Xanax, Valium is very common. Those are some of the most common prescription drugs that people are getting drug DUIs having in their system.
Senior Citizens Are More Prone to Using Prescription Drugs like Sleep Aids and Painkillers
Interviewer: Do you see more senior citizens or do you see a particular kind of medication with someone who is younger?
Michael Munoz: With senior citizens you are more likely to see sleep aids or pain killers because some of them have ailments where they need some pain killers but I am also seeing a lot of Ambien DUIs. A lot of older people get insomnia and they need their system to go to sleep, so that’s a common drug that we see as well.