Campbell v. State

I concur in the majority’s thoughtful and well reasoned opinion. A new folk myth appears to have developed among law enforcement officers, judges, and lawyers that driving while intoxicated (DWI) is an exception to the protections of the Fourth and Fifth Amendments to the Constitution of the United States and to the protections of the comparable portions of our state constitution and code of criminal procedure. I write separately to point out the confusion that has arisen in our law regarding what the holding in Miranda v. Arizona1 means.

[T]he prosecution may not use statements, whether…