Is it legal to be detained for DUI? 62 Answers as of March 06, 2012

I was detained for DUI but I was not read the Miranda. Is this legal? Can I use this for my defense?

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Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
Miranda advisories are not mandatory. A person can be arrested and not advised if there is no questioning or interrogation.
Answer Applies to: Kansas
Replied: 3/6/2012
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Sure it's legal if the officer had probable cause. The fact that he did not give you Miranda may or may not be of value. Miranda is only necessary if the officer is going to question you. You really need to hire an attorney to review the facts of your case.
Answer Applies to: Washington
Replied: 3/5/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Miranda rights apply to interrogation. I am pretty sure you will find that somewhere along the way, you probably signed a rights form. If not explain to your layer. It may be helpful.
Answer Applies to: Massachusetts
Replied: 3/5/2012
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
Miranda is not a great way for a dismissal. Miranda only suppresses any statements made during a custodial interrogation.
Answer Applies to: California
Replied: 3/5/2012
Aaron Black Law
Aaron Black Law | Aaron Black
It depends why you were detained. The police do not need to read miranda for a DUI.
Answer Applies to: Arizona
Replied: 3/5/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    Of course you can be detained if the cop had a reason to stop you. If you were not read your Miranda rights and said something incriminating you might be able to keep what you said out of evidence. You wouldn't automatically win your case.
    Answer Applies to: Louisiana
    Replied: 3/5/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Miranda rights are given to those in custody who are being questioned. It does not invalidate an arrest. Hire a lawyer on your DWI.
    Answer Applies to: Texas
    Replied: 3/5/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes you can be detained for DUI. They do not have to read you your Miranda rights until after they arrest you.
    Answer Applies to: Michigan
    Replied: 3/5/2012
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    I'd recommend you retain a lawyer to assist you with this matter. You are presumed innocent until proven guilty beyond a reasonable doubt. You have a right to counsel. Yes, it may be legal for someone to be detained if they are under suspicion for an OWI. Miranda rights are an issue if the defendant is subjected to a custodial interrogation, i.e., placed under questioning while in police-custody. However, whether an arrest or stop was legal is always an issue with OUI's, so it is certainly worth closely examining. I'd recommend you consult privately with an attorney. Most attorneys provide free initial consultations.
    Answer Applies to: Michigan
    Replied: 3/2/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    A DUI stop is just an investigation and Miranda does not normally apply. A good lawyer can look at the facts and circumstance to determine the best way to fight the case.
    Answer Applies to: Nebraska
    Replied: 3/2/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Miranda rights only have to be given if the police are going to question you. You should speak with an attorney regarding this matter.
    Answer Applies to: Michigan
    Replied: 3/2/2012
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Miranda only kicks in if you are under custodial arrest, questioned without being read your rights, answer, and then have those answers used against you. It has become a very narrowly drawn rule and seldom applies any more.
    Answer Applies to: California
    Replied: 3/2/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    There are many defenses to DUI. Unless you want a conviction, be aware that there are some attorneys that may plead you out. If you want to avoid a conviction, hire an aggressive attorney who will fight. Miranda does not apply to most situations for a DUI. A traffic stop does not trigger Miranda. A DUI investigation, normally, does not trigger Miranda. Miranda will apply if there is custodial interrogation, however, this generality is modified for DUI cases. Speak to an attorney about the facts of your case.
    Answer Applies to: Hawaii
    Replied: 3/2/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    It is legal. Technically, you were not in custody during questioning. You still had the right to remain silent, but they did not have to tell you that. The one statement you did have to make is to say which test you were going to take, blood or breath.
    Answer Applies to: California
    Replied: 3/2/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    The Miranda warning must be given if you are in custody and being questioned. Seek legal representation to analyze your defenses.
    Answer Applies to: Minnesota
    Replied: 3/2/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    A Miranda warning is not required as part of a DUI detention. It is only required before a custodial interrogation. If the state does not intend to use your admissions against you, this is not an issue. In a DUI investigation, the police do not read the Miranda warning until after you have made your decision concerning testing.
    Answer Applies to: Minnesota
    Replied: 3/1/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes, its legal and no you cannot use it for your defense.
    Answer Applies to: New York
    Replied: 3/1/2012
    Dowdy Law Office
    Dowdy Law Office | J. Scott Dowdy
    Yes it is legal. Miranda is the most misunderstood legal concept. Miranda only applies where there is a custodial interrogation. Arrest alone without Miranda is meaningless.
    Answer Applies to: Idaho
    Replied: 3/1/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    Yes, it is legal. Failure to get your Miranda rights would only keep the State from using against you any statements you made while you were in custody.
    Answer Applies to: Illinois
    Replied: 3/1/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    In order of your question Yes, Yes and probably not. Of course you can be detained while an investigation relating to a possible DUI charge is being conducted. You could be held for 24 hours even if the charge is not filed. While the failure to advise of Miranda may prevent the use of statements given as a result of questioning, it would not prevent a possible conviction because most of these cases rely on outside evidence including breath test, officer observation and driving actions rather than admission by the driver.
    Answer Applies to: Missouri
    Replied: 3/1/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    You only get Miranda if you are going to be interrogated. A good lawyer will see if any statements can be suppressed. But that alone is not going to get your DWI dismissed. You need to hire the best DWI attorney you can afford.
    Answer Applies to: Texas
    Replied: 3/1/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Miranda is only required if they ask questions of you once in custody. They are allowed to detain during investigation. Once arrested, they can make you post a bond to get out of jail. If they believe you are intoxicated, they can hold you until they believe you are not intoxicated.
    Answer Applies to: Colorado
    Replied: 3/1/2012
    Law Office of Patrick Lewis, LLC | Patrick M. Lewis
    You can be detained and even arrested for DUI. (They are seperate things). The police only have to read you your Miranda rights if they interogate you. If they question you after you have been arrested but without your having waived your Miranda rights the answers you give cannot be used against you in the prosecution's case in chief. It does not mean the case must be dismissed. It might make it possible to suppress some of the evidence against you. Do not delay in contacting or hiring an attorney. There can be license consequences in addition to the criminal case and there are filing deadlines which must be met to protect your driving privileges. Do not talk with anyone other than your attorney about the facts. What you say, or post, to anyone else could be used against you.
    Answer Applies to: Kansas
    Replied: 3/1/2012
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes, this is legal. The reading of Miranda Rights is not necessary in a prosecution for DUI because the evidence used against you is a breath/blood sample and evidence of bad driving - - not, necessarily, the statements you make after being pulled over.
    Answer Applies to: California
    Replied: 3/1/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Miranda rights only relate to questioning when you are under detention. The legal result of a Miranda violation is for the statements made by the defendant and all the evidence that resulted from the statements cannot be used by the prosecution in their case in chef. They can be used however, to rebut statements made by the defendant in trial. If the prosecution is not using any statements by the defendant in the trial or evidence that resulted in those statements then the Miranda violation is not a factor.
    Answer Applies to: California
    Replied: 3/1/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    It depends. A detention is lawful if the officer had reasonable grounds to believe that you were, had or were about to commit a violation of the rules of the road or a crime. It all comes down to the basis for the stop. If the officer saw you speeding, or stopped you for a line violation, then the stop is legal. The officer doesn't have to read you Miranda until you are under arrest, or the reasonable equivalent. Typically, in a DUI situation, the arrest doesn't occur until after field sobriety tests and roadside questioning occur. Neither of these things require the reading of your rights. On the other hand, if the officer required you to do certain things, and you indicated that you did not want to do them, like exiting your car, or walking toward his cruiser, you might have a different situation. An officer cannot force you to perform field sobriety tests, for example. He can only ask, and you can always refuse. Your question, then, depends on a number of different factors. Hope this helps.
    Answer Applies to: New Hampshire
    Replied: 3/1/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Miranda only deals with the admissibility of a confession, not the legality of an arrest.
    Answer Applies to: Michigan
    Replied: 3/1/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Miranda rights are generally not required in a DUI. There are certain circumstances where Miranda rights would be required, such as if an officer conducted field sobriety tests after arrest or questioned you after arrest.
    Answer Applies to: Georgia
    Replied: 3/1/2012
    Salladay Law Office | Lance Salladay
    Yes it is legal to be detained, and arrested. Miranda rights are only required prior to being questioned after you are arrested or in custody. They are not necessary if the police are in an investigative process.
    Answer Applies to: Idaho
    Replied: 3/1/2012
    Law Offices of Kate Mesic, PA
    Law Offices of Kate Mesic, PA | Kate L. Mesic
    Miranda is certainly very important, however, more details are needed to evaluate your case. For example, did you make any statements that would be detrimental to your case, this potentially could be suppressed, if Miranda was not given. Otherwise, the State can prove a DUI either by proving that your normal faculties were impaired or that your breath alcohol level was above 0.08.
    Answer Applies to: Florida
    Replied: 3/1/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    It depends. Miranda rights only relate to the use of statements you make. It has nothing to do with the arrest itself. You do not have to be arrested for Miranda to apply and failure to give Miranda does not make an arrest illegal. If the cop failed to mirandize you, then any statement you made after you were detained (note, not arrested, but after you were no longer free to leave) can be used against you in court.
    Answer Applies to: Texas
    Replied: 3/1/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Yes, you can be arrested for DUI. And they don't have to read you Miranda until AFTER you are arrested. If they didn't read you Miranda, it just means that any post-arrest questions and answers are not admissible.
    Answer Applies to: Georgia
    Replied: 3/1/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police do not have to read you the Miranda Warnings unless they question you while you are in custody. If they arrest you for DWI they have to read you the refusal warnings which inform you that if you do not agree to take the breath test your license will be suspended for 6 months. Drinking and driving is like firing a gun at a moving train and hoping that no one gets hit by the bullets. You could have avoided getting arrested by simply calling a taxi. You should retain a good criminal attorney since there are severe consequences to getting a DWI conviction, including fines, a revocation of your license, a criminal conviction, and very high insurance payments for many years. You will find it very hard to get a good job and you cannot get into certain countries like Canada.
    Answer Applies to: New York
    Replied: 3/1/2012
    McClendon Owens Melia McBreen LLP
    McClendon Owens Melia McBreen LLP | Richard L. McBreen III
    It is legal to be detained for a DUII arrest, but if you were not read your Miranda rights, there may be some problems with the arrest, and your attorney may be able to get that evidence thrown out. It is very important that you discuss every detail of your case with an attorney in order to put together the best defense possible.
    Answer Applies to: Oregon
    Replied: 2/29/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    DUI and Miranda rarely have anything to d with one another.
    Answer Applies to: Georgia
    Replied: 2/29/2012
    Fagan, Fagan & Davis
    Fagan, Fagan & Davis | Steven H. Fagan
    Yes it is legal to be detained for DUI. The fact that you were not given your "Miranda" warnings may be relevant to prevent the ability of the prosecution to use statements you made once in custody, but is unlikely to be significant enough to result in outright dismissal of your charges.
    Answer Applies to: Illinois
    Replied: 2/29/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No issue in your case. Unless you made admissions while under arrest, Miranda is unimportant.
    Answer Applies to: Michigan
    Replied: 2/29/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It is legal to be detained on suspicion of DUI. The usual standard for detention is 30 minutes. The court will look at all of the circumstances such as whether a different officer had to arrive to process you. The fact that you were not read your rights means nothing. Contrary to what TV depicts and jailhouse lawyers say, the reading of your rights only has to be done when you are in custody. The only remedy for failing to read you your rights is that certain statements that you made in custody might be thrown out. The main thing is you need to hire an experienced DUI defense attorney. A DUI conviction is forever. It can't be expunged. Your license will be suspended. In fact, the officer should have given you a piece of paper with a hearing request on it. Read it carefully and follow the directions on the form. If you fail to do that ASAP, your license will be automatically suspended back to the date of your arrest. There are also other heavy consequences for a DUI conviction. You will be assessed at least $1,600 in fines plus other fees and costs. You will be required to put an ignition interlock on any car you drive for at least one year. You will have to attend a victims' panel. You will have to obtain an alcohol evaluation and follow any treatment recommendations. All of that is big bucks and a huge time commitment. I recommend that you obtain that alcohol evaluation as soon as possible. Judges and prosecutors are responsible to the public and no judge or prosecutor wants to be the person who went easy on a drunk driver only to have that drunk driver go out and kill a busload of kids. It is up to you to behave responsibly and seriously in this situation. If you are proactive, you may get a better deal. Also, that alcohol evaluation may make your pretrial conditions easier. If the evaluation says you need treatment, get on with it. The judge and prosecutor will be favorably impressed that you are confronting the problem head on. Your evaluation may reveal that you are eligible for a Deferred Prosecution. If you are, you can avoid jail and the DUI conviction. But that requires an earnest commitment to treatment and sobriety.
    Answer Applies to: Washington
    Replied: 2/29/2012
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    Miranda rights only impact any statements you make that the police want to use as evidence of your guilt. If you have a DWI arrest the police can detain you until they are able to get a person to pick you up and take you home, and that person has to sign a liability form.
    Answer Applies to: New Jersey
    Replied: 2/29/2012
    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: 2/29/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Legal?? Of course. There is no such thing as an illegal arrest. Whether you can be successfully charged or convicted is a different question. 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. It would be unusual for police to interrogate after arrest without a Miranda advisement; it is standard procedure. You will be surprised to find how detailed the police report is concerning your observed inebriated and impaired condition. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When charged or arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 2/29/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    If you were detained but not interrogated then you need not be read your Miranda rights. Even if you should have been read the rights but weren't then only the statements you made in the interrogation are thrown out, not the rest of the evidence or the whole case.
    Answer Applies to: Colorado
    Replied: 2/29/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    Miranda warnings are only required when you are being interrogated while in custody. If you were not read your rights it would not invalidate an otherwise valid arrest. You would merely have grounds to suppress incriminating statements.
    Answer Applies to: West Virginia
    Replied: 2/29/2012
    Ascheman & Smith | Landon Ascheman
    Yes, this is perfectly legal. The Miranda warning is only required if the officers are questioning you and wish to use your statements against you in court.
    Answer Applies to: Minnesota
    Replied: 2/29/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Miranda warnings do not apply for being arrested only for whether you are interrogate pursuant to an arrest or detention. Failure to provide Miranda warnings could result in any statement that you made not to be used against you nothing more.
    Answer Applies to: Alabama
    Replied: 2/29/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes it is legal. Miranda is a fiction. It rarely ever applies in DUI cases.
    Answer Applies to: California
    Replied: 2/29/2012
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    If you gave a statement to the police and were not advised of you Miranda rights those statements can be suppressed but the case can proceed based on the remaining evidence.
    Answer Applies to: District of Columbia
    Replied: 2/29/2012
    Rhoades & Miller, LLP
    Rhoades & Miller, LLP | M. Jason Rhoades
    You are always arrested when charged with DUI. You only have to be read your rights after you are arrested if the officer wants to further question you. It is rare that you would be questioned after the arrest. They already have the evidence they think they need. It is extremely important that you get an aggressive attorney working with you to prtotect your rights ASAP. The longer you wait, the harder it is to help you.
    Answer Applies to: Georgia
    Replied: 2/29/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Of COURSE it is legal to be arrested and detained for a DUI. In Illinois, it is a criminal offense, with possible jail time attached, so I would suggest you hire a good defense attorney to represent you in court. So you were not read Miranda rights? Did you make a confession? Perhaps the confession can be suppressed in a motion to suppress the statements, but remember that the prosecution can use all other evidence at their disposal to convict you.
    Answer Applies to: Illinois
    Replied: 2/29/2012
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    Miranda rights are generally only required if the police ask you questions. It is perfectly legal to arrest you and not read you Miranda. However, if the police did ask you questions without advising you of your rights, then any statements you made could be suppressed.
    Answer Applies to: Oregon
    Replied: 2/29/2012
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    You can be detained for an OUI. But Miranda is essential. I would discuss this with a attorney.
    Answer Applies to: Massachusetts
    Replied: 2/29/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    You can certainly be detained or arrested for a DUI. A Miranda advisement is not required unless you were subjected to "custodial interrogation" which in a typical DUI scenario, questioning occurs before arrest. You should probably consult with a qualified DUI defense attorney. Good luck!
    Answer Applies to: Colorado
    Replied: 2/29/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It may be possible to suppress incriminating statements made after your arrest if you were not read your miranda rights. But it is legal to be detained for DUI investigation and arrested for DUI.
    Answer Applies to: California
    Replied: 2/29/2012
    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 DUI Lawyer you will be able to suppress statements, which may or may not help with the crime charged. Contact a DUI Lawyer in your area to discuss these complex issues.
    Answer Applies to: Oregon
    Replied: 2/29/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Miranda only applies to custodial questioning. You can suppress any information given in response to questions if not advised of rights. You can be detained for a DWI.
    Answer Applies to: New Hampshire
    Replied: 2/29/2012
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    You can be detained for a DUI investigation. You typically do not have to be Mirandized prior to arrest in these types of cases.
    Answer Applies to: Washington
    Replied: 2/29/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Miranda does not have to be read during a DWI arrest unless you are being interrogated while in custody, and then the remedy is suppression of the statements not dismissal of the charge.
    Answer Applies to: Minnesota
    Replied: 2/29/2012
    Law Office of William C. Wood, LLC | William C. Wood
    Yes, it is legal to be detained for DUI regardless of whether Miranda rights were read to you. It is possible that admissions that you may have made could be suppressed. I would recommend consulting with an experienced DUI defense attorney to prepare your case.
    Answer Applies to: Maryland
    Replied: 2/29/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    They can still arrest you for DUI without reading you your rights. Most of the evidence they garner comes prior to the arrest. Remember the first three word to the Miranda Rights are, "you're under arrest." Anything they get before an arrest is fair game like for example your Blood alcohol reading questions.
    Answer Applies to: California
    Replied: 2/29/2012
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