Can I get a DUI case dismissed if I was not read my rights? 72 Answers as of June 19, 2013

I was not read my rights when the officer was questioning me. I was issued a DUI charge and given a court date. I thought I had to be read my rights first? I think the comments I made can't be used anymore, but could this potentially get the entire charge dropped?

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Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
This depends upon when the questioning took place and what questions were asked. Ultimately, any evidence presented could be suppressed if the officer failed to advise you of your rights to an attorney or to remain silent. The judge would need to make that determination.
Answer Applies to: Kansas
Replied: 2/28/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
You must be read the Miranda warning when you are under arrest and being questioned. Usually in a DUI stop the preliminary questioning is allowed. You should contact a dui attorney and have the attorney review your case fully.
Answer Applies to: Minnesota
Replied: 2/27/2012
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
I you were not read your Miranda rights any statements you gave the police could be suppressed but that would not automatically result in the dismissal of the case.
Answer Applies to: District of Columbia
Replied: 2/27/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
You are presumed innocent until proven guilty beyond a reasonable doubt. You have a right to counsel. I urge you to exercise that right and either retain counsel or request that the court appoint you a lawyer payable at the public's expense. Most attorneys provide free initial consultations. Speaking generally, Miranda rights are only an issue if the accused was subjected to a custodial interrogation; meaning they were being questioned by the police while in "custody" and unable to freely leave. If a person said something incriminating, it may be admissible depending on the circumstances regarding when they said it. However, ultimately, these matters are usually an issue for a possible suppression motion. The prosecutor does not need a confession in order to get a conviction; however, obviously, confessions may be interpreted as strong evidence of guilt. I'd recommend you obtain legal counsel to assist you with this matter.
Answer Applies to: Michigan
Replied: 2/27/2012
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Unfortunately, the only evidence needed to convict you on a DUI is a breath or blood sample. It is not common for law enforcement to read Miranda Rights to those under suspicion of drunk driving. Since this is the case, any statements you made are unnecessary to convict you even if they were excluded. Further, Miranda Rights are necessary only during custodial interrogations which means you have to reasonably believe you are not free to leave and the officer is asking you questions to elicit an incriminating response. Pre-booking questions and initial questions after a traffic stop including, for example, how much have you had to drink are not considered interrogating questions.
Answer Applies to: California
Replied: 2/27/2012
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    It could get the charges dropped under some circumstances. But the D.A.s case largely consists of evidence that you were driving and that you were under the influence.
    Answer Applies to: California
    Replied: 2/27/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    No, your case will not be dropped because the cop forgot to read you your rights.
    Answer Applies to: Texas
    Replied: 2/27/2012
    Toivonen Law Office | John Toivonen
    Miranda warnings tell you of your right to remain silent, and to have an attorney. So when a Defendant is arrested the police must read him his Miranda rights or anything he says can be suppressed, and, therefore not allowed into evidence. But with DUI statements are not the main evidence. The evidence is physical such as the BAC level and observations of driving behavior.
    Answer Applies to: Michigan
    Replied: 2/27/2012
    Law Offices of Kenneth M. Christopher ESQ | Kenneth Christopher
    The short answer to your question is no the charges won't be dropped for the officers not reading your rights. Contrary to popular belief Miranda Warnings are not required every time you are arrested, stopped, or interact with a police officer. While many police agencies do have the warning read, failure to read them does not in any way mean that the charge should be or is able to be dismissed. Miranda is required in situations of "custodial interrogation" which means that you are in custody (under arrest or otherwise not able to leave) and are being interrogated (officers or police agents asking questions that they know or should have known would elicit an incriminating response). The officer can question you all he wants if you are not in custody and if you are in custody can still ask questions that are not likely to obtain an incriminating response. It is still possible that your rights could have been violated in this case. However, the remedy is not dismissal of the charge but rather suppression of any statement that is claimed to be made by you that was obtained in violation of your rights. Good luck.
    Answer Applies to: New York
    Replied: 2/27/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You will not get case dismissed for failure to read rights as miranda requires you be in custody. Court permits a brief detention to investigate suspicion of crime.
    Answer Applies to: New Hampshire
    Replied: 2/27/2012
    J.W.Poprawa, Attorney at Law | Joseph W. Poprawa
    No.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Absolutely not. If a violation of your Miranda Rights occurred, at best you can get your statements suppressed (thrown out). It will not result in a dismissal of charges. Also, they are only required to be given when you are questioned while in custody. They do not have to be given during the investigatory stage.
    Answer Applies to: New York
    Replied: 2/27/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    When you are arrested, the police do not necessarily have to read your Miranda rights to you. And even if you were subject to custodial interrogation after your arrest and not read your Miranda rights, the relief that you could potentially seek is only suppression or exclusion of any statements that you may have made during that interrogation. The entire case will not be dropped on that basis alone.
    Answer Applies to: New Hampshire
    Replied: 2/24/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Reading of Miranda rights is not a requirement for any arrest. Miranda rights must be given before law enforcement is allowed to interrogate you. Failure to provide Miranda warnings may only cause a statement given to law enforcement to be suppressed in some circumstances.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    Dependent on the facts and circumstances, the police are allowed to talk to you while doing their "investigation". If they continued to talk to you after you became the target of the investigation, your attorney may be able to suppress the statements by filing a motion. However, that does not dismiss the case, especially if they have sufficient evidence without your statements.
    Answer Applies to: Colorado
    Replied: 2/24/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The remedy for not being read your rights ("Mirandized") is that any admissions found to be involuntary that you may have made to the police cannot be used against you. It does not mean an automatic dismissal of the charges against you. The police know this so they don't bother Mirandizing you if they don't need your statements or a confession to prove your guilt.
    Answer Applies to: New York
    Replied: 2/24/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    No. This is an area that is not accurately portrayed in the movies and on tv, and is often misunderstood by the general public. Boiled down, the purpose of your Miranda rights are to advise you that you have the right to an attorney if you are being questioned regarding a crime and that you don't have to answer any questions that you don't want to answer. If you are not read your Miranda rights, you only have an argument to suppress any incriminating statements that you may have made while being questioned after you were in custody. That is it. It will not result in a dismissal of your case.
    Answer Applies to: West Virginia
    Replied: 2/24/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    The Miranda warnings seem to be one of the most misunderstood procedures by defendants. There IS NO Requirement that says a police officer HAS to read you the Miranda warnings ("your rights"). Miranda only applies to custodial interrogation. If you and in custody and police interrogate you, they must read you your Miranda rights but only if they want to use any statements you make against you. Any statements you make while not in custody can be used against you. The remedy for statements made in violation of Miranda means that the defense can make a motion to have those statements suppressed so that they cannot be used against you in a court of law. Regarding your DWI arrest, any statements you made before being placed under arrest will almost undoubtedly be used against you, as well as any other evidence like the breathalyzer results, field sobriety tests, etc. So, no, the DWI charge will most likely not be at all affected by the fact that the police did not read you the Miranda warnings.
    Answer Applies to: New York
    Replied: 2/24/2012
    Joseph T. Barberi, P.C.
    Joseph T. Barberi, P.C. | Geoffrey K. Rettig
    Federal and Michigan law requires that an person in custody be advised of their right to remain silent and have an attorney present during interrogation. Except under some exceptional circumstances, a police officer who is conducting a brief roadside investigation does NOT have to advise the person of their "Miranda Rights". However, once under arrest, any questioning should be prefaced with a recitation of these rights, and not questioning should occur until the subject has made a clear and voluntary waiver, or relinquishment, of those rights. You are under no obligation to answer any roadside questioning by a police officer. In Michigan you are obligated, as a driver, to provide your license, registration and proof of insurance to the officer. You are required to exit the vehicle if requested, but you are not under any obligation to answer questions or participate in sobriety testing.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    VANJOHNSON LAW FIRM, LLC
    VANJOHNSON LAW FIRM, LLC | Anthony Overton Van Johnson
    Many people confuse the "Miranda" rights with the "Implied Consent" rights. Officers are not required to advise you of your "Miranda rights" when engaged in a DUI stop/arrest. "Implied Consent" rights however, are required and deals with the "State Administered" chemical test and the consequences if you refuse.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    No.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Police don't have to say or explain anything to you, before or after arrest. Too much TV cop show 'reality' misleads the public about the real system. You would have an evidence suppression issue only if prosecutors seek to introduce into evidence a statement or confession obtained after arrest without advising you of Miranda rights.
    Answer Applies to: California
    Replied: 2/24/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The only repercussions for failure to read you your rights is that if you made inculpatory statements in response to custodial interrogation, those statements can be suppressed. Be aware that you most be in custody and questioned. Your unresponsive comments do not count. Also, there are cases which strongly suggest if not hold that you must be unaware of your rights, too.
    Answer Applies to: Texas
    Replied: 2/24/2012
    MCCLUSKEY LAW OFFICE
    MCCLUSKEY LAW OFFICE | Mary McCluskey
    That's a common belief but the law is that the police can and will question you prior to arrest without reading you your Miranda rights. Your answers can be used against you if you were not in custody. Police are allowed to question the driver suspected of a DUI prior to placing that person under arrest, i.e. "Have you had anything to drink tonight?". They are required to Mirandize prior to questioning you if you've been taken into custody.
    Answer Applies to: Colorado
    Replied: 2/24/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    Miranda rights are required whenever a suspect has been arrested, or his freedom of movement has been restrained to a degree that is equivalent to an arrest, and you are subjected to custodial interrogation (in other words questioned in a manner that is likely to elicit incriminating responses). A Miranda violation will not automatically result in a dismissal of the complaint. Typically, an officer is not required to read a suspect his rights after stopping a vehicle, and questioning the driver about his activities. That being said, if the officer put you through field sobriety tests, held onto your license, and began to question you, there may be a decent argument that your Miranda rights were violated. If so, your statements could be suppressed, but the evidence concerning the officer's observations of your driving and performance of the fst tests would still be admissible. You should consult with a competent criminal defense attorney.
    Answer Applies to: New Hampshire
    Replied: 2/24/2012
    DelSignoreDefense
    DelSignoreDefense | Michael DelSignore
    There is a possibility that a case could be dismissed if you are not read your rights; however an attorney would have to look at the police report to see which rights the police claim you were read and then they would have to be a hearing on this issue. Police generally do not have to read Miranda rights immediately when stopping someone DUI.
    Answer Applies to: Massachusetts
    Replied: 2/24/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Not a chance. These cases are strongly pursued by the prosecutors and judges. They don't need your statements and therefore do not have to read you any rights. Very common myth.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    In discussing Miranda rights, these apply to statements someone would make while they are in custody and being interrogated where they are likely to elicit an incriminating response. Often times when an individual was not read the proper Miranda rights a skilled Defense Lawyer you will be able to suppress statements, which may or may not help with the crime charged.
    Answer Applies to: Oregon
    Replied: 2/24/2012
    McClendon Owens Melia McBreen LLP
    McClendon Owens Melia McBreen LLP | Richard L. McBreen III
    Yes, a violation such as this could result in the evidence obtained (your statements) being inadmissible at trial. You need to speak with an attorney as soon as possible to discuss the specific details of your interaction with law enforcement.
    Answer Applies to: Oregon
    Replied: 2/24/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    DUI charges are unlikely to be dismissed because you didn't receive your Miranda rights. However, if you made some incriminating statements that lead to the discovery of other incriminating evidence - you could argue that the statement and / or other evidence should be suppressed. You should hire an experienced DUI to represent you.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    No. The only effect not being read your rights would have is to potentially exclude any statements you made after you were in custody.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    This is not an easy question to answer. If and when the law requires the reading of Miranda rights are questions that are frequently litigated, and almost always turn on the "totality of the circumstances" in each case. So, to determine whether you should have been read your rights is a more complex question that I can answer here. But, assuming that you were questioned after you should have been read your rights, that does not mean that the case is dismissed. The remedy for a Miranda violation is to exclude the statements that were taken in violation. So, if the only evidence against you is the statements taken by the officer, then the case would have to be dismissed since there is no other evidence. This is usually not the situation in a DUI case; the officer has observed driving, FSTs, smell of alcohol on the breath and person, and of course, a blood alcohol test of some type. In other words, there is evidence of driving under the influence/Blood Alcohol level above .08 without any statements of the accused. A good criminal defense attorney can fully advise you as to the particulars of your situation. Good Luck!
    Answer Applies to: California
    Replied: 2/24/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    Miranda warnings are required to be given before questioning by the police of individuals in police custody or under arrest. If you were under arrest and the police began questioning you without Miranda warnings, then any statements you made can be suppressed and cannot be used against you at trial. If the police were merely conducting a threshold inquiry or investigating a case, Miranda warnings will not be necessary until you become a suspect. Not providing Miranda does not dismiss a case, it only excludes those statements from evidence. If the prosecution can prove the case against you without your statements, then they will proceed with the trial.
    Answer Applies to: Massachusetts
    Replied: 2/24/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    They don't have to read you your Miranda rights until AFTER you are arrested. However, in Georgia they do have to read you the implied consent law before making you do a breathalyzer test. Since I'm not sure which you are referring to, I can't answer this question completely.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    First piece of advice: Hire an attorney. In regards to your question, if the officer did in fact question you without reading you your rights then the answers you gave him may be suppressed. This may or may not impact whether your case can move forward or be reduced or even dismissed.
    Answer Applies to: Washington
    Replied: 2/24/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You are right that any statement made by you, AFTER you were formally arrested, cannot be used against you in court, on a trial, if your attorney has filed the proper motions to suppress; however, the prosecution may have the independent observations of an expert, that is, the officer, along with the breath test results, to convict you, so that your confessions is really not vital for the State's case against you.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Typically they can still arrest you because most of the evidence the need comes to them prior to arrest, i.e. whether or not you were drinking as well as a breath tests, Their case doesn't necessarily rest on what you say after arrest. Remember the firs few words of the Miranda Rights are you're under arrest.
    Answer Applies to: California
    Replied: 2/24/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    There is no requirement that you be read your Miranda rights. An officer does not have to read you Miranda until you are placed under arrest. Of the officer does not, all that means is if he questions you, your answers cannot ne admitted in court against you. It does not result in your charge being dismissed.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    The Rolloff Law Office, LLC | J. Rolloff
    Certain statements taken from arrestees can be used against someone at a DWI trial. The fact of the matter is, save for your name, you do not have to answer the officer's questions.
    Answer Applies to: Minnesota
    Replied: 2/24/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    No. Unless unusual circumstances exist the arresting officer on a DUI arrest does not need to read you Miranda Rights. He or she does have to read you the implied consent law. Please talk to a lawyer before you go to Court.
    Answer Applies to: Florida
    Replied: 2/24/2012
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    Depending on when and how you are questioned, you may be able to file a motion to suppress your statements that were made prior to Miranda. It is a fact sensitive inquiry that you should discuss with an attorney. It is not likely that the case would be dismissed if the statements are surprised. It would affect the admissibility of the statements at trial.
    Answer Applies to: Massachusetts
    Replied: 2/24/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    In a DWI case, the officer only needs to read the Minnesota Implied Consent Advisory. Failure to do so could result in dismissal of the charges depending on the circumstances. If you were in custody and being questioned, then you should have been read a Miranda Advisory. If not, the remedy is not dismissal of the charges, but suppression of any statements you may have made or any evidence obtained from them.
    Answer Applies to: Minnesota
    Replied: 2/24/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Miranda rights need to be read when a person is in custody and interrogated. Both of these elements have specific legal definitions. For example, normally a traffic stop for DUI and a contemporaneous investigation is not considered custody. Thus, typically, at least for the first part of a DUI investigation Miranda is not required. Depending on the situation it may be that Miranda is required. In order to determine if this is an avenue of attack for you you should hire an attorney.
    Answer Applies to: Hawaii
    Replied: 2/24/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Probably not. You can however move the court to exclude the statements because the cop didn't advise you of your Miranda rights. In a DUI your statements aren't that important to the prosecutions case.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Once arrested, statements made without miranda rights being read can be suppressed. That being said, it does not mean that the charges will automatically be dismissed. The prosecution can rely on driving, breath or blood tests results, field sobriety tests, visual opinions, etc to try to convict someone of a DUI. That being said, there are defenses to all these things. Depending on the case itself, the defenses can vary. I highly recommend discussing your case in more detail with a DUI defense attorney.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Offices of Shaun R. Marks, P.C.
    Law Offices of Shaun R. Marks, P.C. | Shaun Marks
    No.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    No this will not lead to a dismissal.
    Answer Applies to: New York
    Replied: 2/24/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    Not necessarily. It makes your statement inadmissible, but other evidence may be used against you, such as a breath test if you took it.
    Answer Applies to: Louisiana
    Replied: 2/24/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The rights have to be read to you only if you are already under arrest. They can use your words against you.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The Miranda Rights only come in to play when one is "in custody." In custody means a reasonable person would feel that he or she was not free to leave. Additionally, there must be interrogation. If you just ramble on freely, there's no issue. Finally, whether you were read your rights or not, the only remedy for a violation of the Miranda case is suppression of statements. Consequently, it is highly unlikely you will walk on this charge absent some other issue.
    Answer Applies to: Washington
    Replied: 2/24/2012
    Fagan, Fagan & Davis
    Fagan, Fagan & Davis | Steven H. Fagan
    Being "read your rights" means being advised of what are commonly referred to as Miranda warnings. Those warnings include things like: you have a right to a lawyer . . . because anything you say can and will be used in a court of law. If your entire case is based on statements you made and nothing else, then yes, perhaps your case could all go away because you were not "Mirandized". That is very unusual in DUI cases however, as the evidence usually consists of someone observing driving or actual physical control of a vehicle, often field sobriety tests (which the Supreme Court has conveniently said are not statements protected by Miranda) and often chemical tests like a breath test. Furthermore, statements that you volunteered without being questioned by the officer are fair game. That said, there are often ways to address such evidence, and an experienced and knowledgeable DUI attorney familiar with the Court where your case will be hear (?ahem?) is your best bet to achieve the results you're looking for.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    If you were not free to leave, then you must be Mirandized for your statements to be admissible. It does not sound as though that applies to your situation. Therefore, you need a lawyer.
    Answer Applies to: Pennsylvania
    Replied: 2/24/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Drinking and driving is like firing a gun at a moving train and hoping no one gets hit by the bullets. You made a very bad decision and risked your life and the lives of thousands of innocent motorists because you were too cheap to take a taxi. Now you want to skirt the responsibility because you do not understand the Miranda Warnings. The police only have to read you the Miranda Warnings if you are in custody and are being interrogated. If they didn't ask you questions then they don't have to give you the warnings. You should retain a good criminal lawyer if you can afford one. You are facing a criminal record, an interlock device, a huge increase in insurance payments, $500 in fines, and if it is a second conviction possible jail time. All of this could have been avoided if you simply called a taxi or had Designated Driver take you home in your car. They charge more than a taxi but you don't have to leave your car at the bar or other location. They will bring you to a motel, friend's house, or anywhere for a per mile fee. My fee is $1,500 for the average DWI.
    Answer Applies to: New York
    Replied: 2/24/2012
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    Probably not. Your Miranda rights are mainly important when the police are going to use your responses to their interrogation of you in their case against you. They probably aren't relying on that to make their case. Nonetheless, you should hire an attorney. He will know of ways to fight their case and give you the best opportunity for a favorable outcome.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Law Office of Craig E. Gibbs
    Law Office of Craig E. Gibbs | Craig Gibbs
    It could help with your case.
    Answer Applies to: Louisiana
    Replied: 6/19/2013
    Aaron Black Law
    Aaron Black Law | Aaron Black
    No. Your Miranda Rights only deal with incriminating statements you may have made If you were under arrest. You may be able to suppress statements.
    Answer Applies to: Arizona
    Replied: 2/24/2012
    Ascheman & Smith | Landon Ascheman
    If you were under arrest and the officer was questioning you, statements and evidence derived from those statements may not be used against you if their admission is properly challenged. However, it is extremely unlikely that the suppression of these statements would lead to a dismissal. Your best bet is to contact a criminal defense attorney and discuss these issues and see what can be done.
    Answer Applies to: Minnesota
    Replied: 2/24/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Police only have to give you Miranda warning if they are going to interrogate you. Not grounds for dismissal of DWI, but may suppress some evidence.
    Answer Applies to: Texas
    Replied: 2/24/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    The remedy for a Miranda violation is to exclude the statements. You need to consult an attorney who will examine the circumstances and inform you whether there was a Miranda violation and if so how to proceed.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Very unlikely. Miranda only has to be read "after" you have been arrested. Cops are trained to get everything out of you "prior" to arrest, so all the evidence gathered is fair game.
    Answer Applies to: California
    Replied: 2/24/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Getting the entire case dismissed due to a Miranda violation is likely a long-shot, as this violation rarely occurs BEFORE other relevant and admissible evidence is obtained. However, there is a chance, and often just having incriminating statements suppressed, coupled with other "victories" during motions hearings can make the prosecution's case weak and possibly not proveable. That is why it is always a good idea to consult with a qualified DUI defense attorney in any DUI case. Good luck!
    Answer Applies to: Colorado
    Replied: 2/24/2012
    Law Office of William C. Wood, LLC | William C. Wood
    Highly doubtful, but possible depending upon what happened. One example that comes to mind is a situation where no one witnessed the accused driving or attempting to drive. In such cases, statements made by the accused may be admissible as evidence of driving.
    Answer Applies to: Maryland
    Replied: 2/24/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    If you mean Miranda warnings, they only apply to police interrogation after arrest. If not given, your answers in response to interrogation can be suppressed. Normally, that evidence is not crucial in a DUI prosecution, but suppression can still be helpful to the defense. If you mean warnings about the consequences of failing or refusing a breath test; then failure to warn can result in your license suspension being thrown out.
    Answer Applies to: Illinois
    Replied: 2/24/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    No. You were not technically in custody when being questioned. The Miranda rights only have to be read before custodial questioning.
    Answer Applies to: California
    Replied: 2/24/2012
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Great question but courts have ruled Miranda warnings do not apply to traffic/dui encounters with police. Better argument: we're you ORDERED to perform tests? Police cannot force you to perform field tests at a traffic stop.
    Answer Applies to: Virginia
    Replied: 2/24/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Not if the police have forensic and other evidence that you committed a crime. Your illegal questioning does not determine a DUI case.
    Answer Applies to: Nevada
    Replied: 2/24/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    DUI stop is not an arrest per our courts so the statement are not likely to be able to be suppressed. Sorry, but you may however have other things that could result in your case being dismissed.
    Answer Applies to: Nebraska
    Replied: 2/24/2012
    Law Offices of Scott C. Athen | Scott Carl Athen
    You need to speak with an experienced DUI attorney. Miranda warnings are not necessarily required in DUI cases. That being said, a lack of Miranda warnings may allow an attorney to ask the court to suppress certain statements.
    Answer Applies to: Maryland
    Replied: 2/24/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    You are not likely to get a dismissal. Miranda only requires that any statements made during a custodial interrogation will be suppressed. This does not allow your entire case to be dismissed if you have evidence against you which is not testimonial in nature and which was said before you were in custody.
    Answer Applies to: California
    Replied: 2/24/2012
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