Miranda Rights Not Read Before a DUI/DWI Arrest: Can I Beat the Charge?

DUI Miranda rights are a myth. A Miranda warning is not obligatory for a DUI/DWI arrest. In most cases of a DUI arrest, the arrested driver is generally too drunk to understand his or legal rights.

DUI

If you are caught driving or operating a vehicle when your Blood Alcohol Concentration (BAC) is 0.08% or more, you will be charged with DUI. DUI stands for driving under the influence. In some jurisdictions it is referred to as DWI which is the abbreviation for driving while intoxicated. Both DUI and DWI are serious charges with severe penalties including imprisonment, fines and driver's license suspension.

Miranda Warnings

In case of a DUI or DWI arrest, the police officer is unlikely to read your Miranda rights. First of being charged with DUI or DWI means you are intoxicated. Being intoxicated generally means that you are not in your senses and you are not in a position to understand your legal rights. Also when you are arrested for DUI or DWI, the police are unlikely to question you. They will merely conduct the breath analyzer or blood/urine tests on you. They don't need any statements from you. The breath analyzer reading or the blood/urine test results will be the evidence against you.

Miranda Warnings in DUI Arrest

If you are in custody and subject to interrogation, the police must give you the Miranda warning. Police interrogation takes place when the police question you or makes a statement with intention to obtain a response from you. So generally if you are arrested, you will not be given the Miranda warnings unless you are going to be subject to interrogation. Miranda warnings are given to protect your Fifth Amendment Rights. Under the Fifth Amendment, you have the right against self incrimination. So if you feel anything you say will incriminate you, you have the right to remain silent. When the police officer reads out the Miranda warning to you, he or she will be advising you of your right under the Fifth Amendment to remain silent and have an attorney present before making any statement or answering the questions. If the police do not give the Miranda warnings, the arrest itself does not become illegal but any statement or answer obtained from you without the Miranda warning being given cannot be used as evidence against you. If any such statement or answer is obtained from you, you can seek to have such evidence excluded from trial.

Getting Legal Help

If you are charged with DUI or DWI, consult with an experienced attorney. If no Miranda warning was given to you and you have given any statements or answers, the attorney can seek to have the statements or answers excluded from the evidence against you.

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