Short Answer: Not presently. The Case Law suggests that the answers you give to the questions an officer asks you at the side of the road after a traffic stop for DUI may be admissible against you without advising you of your Miranda rights.
In Berkemer v. McCarthy, the US Supreme Court held that one or two questions asked after a traffic stop were investigative and non-custodial. The court held the subject was not under the belief that he couldn't leave. The court further held that in this case, the questions were not intrusive.
In my opinion, this issue is ripe for review in California. The difference between the Berkemer stop and a typical DUI stop is that in the typical DUI stop the officer pulls you over for one reason (swerving, speeding, running a red light) and then starts asking you questions that have nothing to do with that stop (have you been drinking? When? How Much?). The officer almost invariably states in his report that prior to asking these questions, he formed an opinion that you were under the influence (red, watery eyes, slurred speech, trouble accessing license). In the end, there are between 25-30 questions asked by the officer. For these reasons, it seems much more intrusive, to a level that would trigger Miranda, to me.
In a good test case, the subject would answer the questions, but ask the officer -- repeatedly -- if s/he was free to leave. If you are not free to leave, or do not believe you are free to leave, it becomes a custodial interrogation.
See our website DUI Defense LA for more information about what to do to avoid this issue when you're stopped by the police.
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