The oficer didn't read my rights after he pulled me over for a DUI, can I get off? 50 Answers as of July 07, 2011

He pulled me over, did a breathalyzer then took me to the station and didn't read me my rights or anything. Will this be important in my hearing?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I would recommend that you consult with an attorney to assist you with this matter. If you need specific legal advice for your particular circumstances, you should obtain a private consultation. This answer does not contain specific legal advice. Speaking generally, the "Miranda Rights" warnings issued by police officers when a person is arrested generally advise the person of their constitutional rights regarding self-incrimination. Among other things, any person charged has a right to remain silent and that silence cannot be used against them. The police cannot force a charged person to speak to them during an interrogation while that person is in custody. Further, a charged person has a right to request council during any interview while the person is in custody. However, the police may obtain evidence through other methods besides simple admissions from the charged person. Further, the prosecutor may, depending on the circumstances, obtain a conviction without ever obtaining any evidence from an interrogation or confession. If a person does make any sort of incriminating statement, however, Miranda rights issued by police officers will be a significant issue. I would recommend consulting with an attorney to assist you with this matter. You need specific legal advice for your particular factual circumstances and this answer does not contain specific legal advice.
Answer Applies to: Michigan
Replied: 7/7/2011
The Law Office of Kevin O'Grady
The Law Office of Kevin O'Grady | Kevin O'Grady
When you need to be defended in a DUI case, you should seriously consider hiring an attorney. What the officer did, and whether he skipped steps or did things in the wrong manner, are part of what your defense attorney does. Hiring a defense attorney now, will enable your attorney to mount the best defense for you.
Answer Applies to: Hawaii
Replied: 7/5/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Miranda is required only if there is an in-custody interrogation and the police wish to offer your answers to those questions as evidence at trial. So the answer in your case is that you will not get your case dismissed if there is other evidence which could lead to a conviction You should hire an attorney to fully review your case to determine what defense you have and whether these defenses are strong enough to negotiate a good result, to try the case and win, or to get a dismissal.
Answer Applies to: Michigan
Replied: 7/5/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Too much TV. Your rights are read only when they seek to interrogate and seek a confession. That isnt what happened to you. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year 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, then hire an attorney that does. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 7/1/2011
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
NO, you don't have the same rights when accused of a DUI.
Answer Applies to: Nebraska
Replied: 6/30/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Unless the officer is questioning about the violation he does not have to read you your rights.
    Answer Applies to: California
    Replied: 6/30/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Reading you your rights and your obligation to a take a chemical test have nothing to do with each other. No, it will not get you off.
    Answer Applies to: California
    Replied: 6/30/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police do not have to read you your Miranda Warnings unless they are interrogating you "while in custody'. It may result in your statements being suppressed at trial, but they do not need your admissions on a DWI to convict you. Drinking and driving is like firing a gun at a moving train and hoping no one gets hit by the bullets. You are lucky you or someone else was not injured or killed. You will probably get an Impaired conviction and a fine if the BAC test was under .17.
    Answer Applies to: New York
    Replied: 6/30/2011
    The English Law Firm
    The English Law Firm | Robert English
    Not really. The advisement of rights refers primarily to your rights with respect to police interrogation. At best, it would be usable to supress statements you may have made after you were in police custody - for example, if you signed a confession. It would not affect any of the officer's observations of your driving, breath testing, or other evidence.
    Answer Applies to: California
    Replied: 6/30/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Typically not. One of the main points regarding your Miranda rights is the right to remain silent. If the Police arrest you and fail to assure you are aware of your rights, such as the right to remain silent, then you might get incriminating statements thrown out of court. However, if you made no statements then it does not matter that your Miranda rights were not recited to you.
    Answer Applies to: California
    Replied: 6/30/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    It may be important and is something that you should discuss with your attorney. If it is your Miranda rights that were not read to you, if he didn't question you, he would not have to read you your rights.
    Answer Applies to: Michigan
    Replied: 6/30/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    Your "rights" refer to Miranda rights, which we are all familiar with from TV and movies: You have the right to remain silent. Anything you do say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to represent you. If the officer elicited incriminating statements from you in violation of these rights, the remedy would be for the court to suppress the statements, meaning the statements could not be used against you in prosecution. If the officer denied you access to an attorney in violation of those rights, the remedy would be the same. Failure to read someone their rights does not invalidate an arrest or criminal charge. It does, however, lead to suppression of incriminating evidence against you. This is a technical legal issue, and I would highly recommend speaking with an attorney regarding this matter.
    Answer Applies to: Oregon
    Replied: 6/30/2011
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    The reading of your Miranda rights is to protect you from "statements" you may have made that could incriminate yourself, i.e., I had 6 beers or yes, I am drunk. In most cases the officer needs to rad you your rights to interrogate you, but if it was merely to take a breath test, the officer probably does not need to read you your rights.
    Answer Applies to: Kentucky
    Replied: 6/30/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    In general, most Americans do not understand the significance of the Miranda rights. The only real consequence of the officer's not reading one's rights is that any statement made while under arrest may be excluded from evidence at trial. Even then, the defendant must have been interrogated. In a fairly extreme example, a person may run into a police station and exclaim, "I just killed my entire family!" Even if the cops handcuffed the guy before he said anything, his statement would be voluntary and not in response to interrogation. The fact that your rights were not read might matter if they weren't read at the police station prior to you taking the breath test. This is because you have the right to speak to an attorney. If the officer failed to read you a warning about your right to refuse the breath test or your right to speak with an attorney, you may get the breath test thrown out or excluded from evidence. In that case, you may be able to plea bargain for something less than DUI. Without knowing any more of your situation, that's all I am able to tell you. If you would like to give me a call I would be happy to chat with you.
    Answer Applies to: Washington
    Replied: 6/30/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    You should tell all facts such as this to your attorney so he/she can decide what is important to your particular case. I believe you are referring to your "Miranda rights," which generally start something like this: "you have the right to remain silent; you have the right to have an attorney present during questioning..." The short answer to your question is "No. The officer's failure to read Miranda rights to you does not automatically mean your charges will be dismissed." In fact, in most cases the officers do not inform subjects of these rights. Miranda rights apply to a situation where the officers want to question you after you have been arrested. If Miranda rights are violated then your responses to the officers questions can not be used against you, generally speaking. It gets complicated. Again I urge you to tell all of these details to your attorney. If your case was a DUI case, then in most states the officer is required to read you something else which is commonly referred to as your "implied consent rights." This varies greatly between the states. But in most states, if the officer fails to read this to you then the breath, blood or urine test may not be used against you. This is even more complicated than the Miranda issues are. Again, consult with your attorney.
    Answer Applies to: Georgia
    Replied: 6/30/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Miranda rights are the most commonly misunderstood. They only apply after you are in custody and require that you then be questioned. If that happens then whatever you say can be kept out of court. It doesn't mean you win all the other evidence might still come in and be sufficient to convict you. You still may be able to win your case, there are often problems with breath testing devices, and defenses that work. You will need to hire the best lawyer available who is trained to defend DWI cases and knows about breath testing, physiology and is persuasive. Ask around and talk to the best local lawyers you find.
    Answer Applies to: New Hampshire
    Replied: 6/30/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Suppression of statements is part of an overall strategy to defending criminal defense charges but in and of itself does not lead to an acquittal. You need an attorney and we can represent you because we specialize in automobile crimes. Give is a call toll free for a no cost, no obligation phone consultation.
    Answer Applies to: New York
    Replied: 6/30/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    It will be important if he interrogated you. Before interrogation the police must give the Miranda warning. The police do not have to advise you if they do not question you. You should consult with an experienced attorney so that you do not give up any of your constitutional rights.
    Answer Applies to: Kansas
    Replied: 6/29/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    The only time it will be important is if the cop claims you confessed to anything. Otherwise, it is relatively unimportant - except if he failed to advise you that you had a right to an attorney at all stages and that might have made a difference to your case. Good luck.
    Answer Applies to: New York
    Replied: 6/29/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This may play a role in your potential defense to some degree, but it is not generally in itself enough to have your case dismissed completely. You will need to speak to a DWI defense attorney in your jurisdiction about the specific details surrounding your arrest in order to determine how your defense may play out. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
    Answer Applies to: Louisiana
    Replied: 6/29/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. It may be important in your hearing. But your BAC reading will probably still be admissible at trial.
    Answer Applies to: New York
    Replied: 6/29/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Unfortunately the police do not have to read Miranda rights during a DUI stop, so this is not going to help you much and will not get the case dismissed.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    It may be. If he never read you implied consent warnings, you may be able to get the breath test results thrown out.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    If you mean Miranda Warnings, e.g., "the right to remain silent ...," unlike what we see on television, a police officer is only required to read the Miranda Rights Warning when you are (1) in police custody under arrest; and (2) police start interrogating you while in custody and after you've been placed under arrest. That virtually never occurs in a DUI case. The only rights the officer is required to read you is the Implied Consent Warning stating that if you fail to take the state-designated test, you may lose your license for one year.
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    Cop shows on TV have drummed into our heads the very familiar "Miranda Rights" ("You've got the right to remain silent etc"). It's true that the police must give a suspect or arrestee some form of warning that they have the right to an attorney before any questioning and they don't have to answer questions by police. The thing is, however, if the police violate those very important rights, the remedy is not dismissal or the charge being otherwise "thrown out." The remedy for a Miranda violation is that the state cannot use any statements made by the arrestee against the arrestee. Furthermore, if you didn't make any statements or the statements you did make were not made in "compelling circumstances" (ie you were in actual custody or in a situation where you might have as well been in custody), then the police don't even have to "read you your rights" (or at least the failure to do so doesn't implicate any Constitutional rights you have). To answer your question, yes, failure to "read you your rights" could affect the hearing if you made incriminating statements to the cop and could actually affect the breath test (but not exactly for the same reason), but only if you were essentially in custody when you made those incriminating statements.
    Answer Applies to: Oregon
    Replied: 6/29/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    In California, he doesn't have to read you your Miranda rights at the scene. He does have to advise you that if you refuse to take a breath or blood test, your driver's license will be suspended.
    Answer Applies to: California
    Replied: 6/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Contrary to popular belief, Miranda warnings need only be read once a person is "in custody" and subjected to questioning. If not read Miranda warnings, any statement adduced in the interrogation and any evidence stemming from the interrogation may be suppressed. It is not something that results in an outright dismissal.
    Answer Applies to: Minnesota
    Replied: 6/29/2011
    Flores & Lopez Law Firm
    Flores & Lopez Law Firm | Joe Lopez
    Not too much... case law is somewhat eroded on this issue. however, any incriminating statements after you were under the custody of the officer MAY be suppressed.
    Answer Applies to: Texas
    Replied: 6/29/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You do not have to be read your rights to be arrested. Your rights only come into play if your are to be interrogated.
    Answer Applies to: Alabama
    Replied: 6/29/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Miranda right only pertain to what you said. then anything you said can't be used against you. what the officer observe can.
    Answer Applies to: Florida
    Replied: 6/29/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Police are required to read your Miranda Rights to you before than can "interrogate" you. There is a strong likelihood that at some point they did read you your rights and have you sign a form stating that they did so and that you understood them. If they failed to do this, you certainly can use this in your defense. It does not automatically justify dismissal of your case, but it could, depending on other factors. If you don't have one already, you certainly should have an attorney who specializes in Drunk Driving cases. Ninety percent (90%) of my practice is dedicated to Criminal Defense. A large portion of that 90% are OUI/DUI/DWI cases.
    Answer Applies to: Massachusetts
    Replied: 6/29/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No. It only matters that you did or didnt incriminate yourself once under arrest. Those are the rights that must be read at time of arrest. It will be no help to your defense.
    Answer Applies to: Michigan
    Replied: 6/29/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    What hearing? You were pulled over because the officer observed some impaired driving. After he pulled you over he smelled alcohol. The officer either asked you to perform field sobriety tests or not. If you failed, then he arrested you. If you were unable to perform then he arrested you. If you refused, he thought he had enough to arrest you. Then you either took the breathalyzer or not. The officer does not need to read you your rights unless he is questioning you while you are in custody. The only time a "hearing" is scheduled is after you retain an attorney and he files motion. The judge will not be scheduling an hearings. The judge will be asking for your plea of guilty or not guilty. See my website on court dates, adn what happens in court.
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Douglas Holbrook Criminal Defense Attorney
    Douglas Holbrook Criminal Defense Attorney | Douglas Holbrook
    Failure to read you your rights while you are in custody will, upon an appropriate motion in court, preclude your responses from being used in court. All other evidence attained by the officer would be admissible, and if sufficient, will likely be enough to convict, even without your verbal responses.
    Answer Applies to: California
    Replied: 6/29/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    If the officer failed to read you your Miranda rights then the remedy is that any incriminating statements you made subsequent to the arrest will be suppressed, however, the DUI will not be thrown out on that basis.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Reading your rights is only significant if you waived your rights, i.e., made a statement or answered questions. If not, then it doesn't matter. If the police had probable cause that you were driving under the influence, then they can ask you to take a breath test.
    Answer Applies to: Oregon
    Replied: 6/29/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    An officer only has to read you your rights when he arrests you (ie. cuffs you). Anything you say/do before that is consensual (ie. the conversation, the FST's, the breath test...etc.) And, it is only optional, because Miranda only has to be read before an interrogation. If, after you were arrested, the cop didn't need anything more from you via interrogation, then the cop doesn't have to read you anything.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    He didn't have to read your rights until you were arrested. You need an attorney!
    Answer Applies to: California
    Replied: 6/29/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Probably not. The rights are read to you (Miranda) if they are trying to get a confession out of you. They usually don't need a confession in a drunk driving situation.
    Answer Applies to: Michigan
    Replied: 6/29/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    You need to hire an attorney. The officer might not have needed to "read you your rights."
    Answer Applies to: Missouri
    Replied: 6/29/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    That depends on whether or not you were questioned after being arrested and what was asked. As well as of you told the officer you wanted to speak to an attorney. Look up a local attorney and talk to them about the arrest. They can give you a better answer with more details on your situation.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    I believe it will be important but you should consult a local attorney who is skilled in the litigation of DUI cases.
    Answer Applies to: District of Columbia
    Replied: 6/29/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Won't really be relevant unless you were question AFTER you were arrested and you made incriminating statements. If that occurred, then the remedy is to suppress the statements - not allow them to be introduced into evidence. The case does NOT get dismissed. At least in Texas, you are not considered to be under arrest just because they handcuff you and haul you to jail. The law allows that the officers are continuing their investigation at the station where you will be offered a breath test and to perform field sobriety tests on video. Only after this is completed and before they begin to question you do they read you your rights.
    Answer Applies to: Texas
    Replied: 6/29/2011
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    The advisement of constitutional rights must be read when you are arrested. However, if the officer fails to do this the result is suppression of subsequent evidence, not dismissal of the case. Such suppression may result in statements and even the breath test - so your case will undoubtedly become stronger but it probably won't be dismissed.
    Answer Applies to: Washington
    Replied: 6/29/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It depends on what you said + what other evidence there is - consult a lawyer.
    Answer Applies to: Colorado
    Replied: 6/29/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Miranda rights only come into play if you are in custody, the officer interrogates you, and then uses your statements against you. It sounds like the evidence against you is not going to include any statements you made after being taken into custody.
    Answer Applies to: California
    Replied: 6/29/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Probably not. Miranda waiver kicks in when there is a custodial interrogation. If you are in custody and the police ask you questions to illicit an incriminating response, anything you say may be suppressed if you are not advised of your rights. This means that if you didn't make any incriminating statements after your arrest, the lack of a Miranda waiver may be irrelevant.
    Answer Applies to: California
    Replied: 6/29/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    I assume you are talking about your Miranda Rights. They only have to be read to you if you are in police custody and the officer is asking you incriminating questions. Most traffic stops are not considered police custody. Even if there was a Miranda violation, it would only be able to keep the incriminating statements out. I imagine the officer would have more to go on to charge you with the DUI besides your statement, i.e. weaving on the road, bloodshot eyes, slurred speech, odor of alcohol, the PBT results. However, the initial stop would have to be valid or else the rest of what followed could possibly get suppressed. There are other factors that could aid in getting the charges reduced or dismissed. Retain an experienced DUI attorney to review your case. Too much is at stake and a good DUI attorney will more than pay for himself in what he can save you in terms of fines, costs, vehicle immobilization, higher insurance premiums, probation costs, jail time, license sanctions, etc.
    Answer Applies to: Michigan
    Replied: 6/29/2011
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