If the police did not read me my Miranda Rights, can my DUI case get thrown out? Yes, a DUI, DWI case can get dismissed or the charges dropped when a police officer does not read a driver their Miranda Rights in time after a DUI stop.
An arrest review will carefully analyze what happened and inform a driver if this is a valid defense option that applies to their own DUI case.
Here are some of the best defenses you can use if the police didn’t read your Miranda rights during a DUI arrest:
- Motion to suppress evidence: If the police don’t inform you of your rights during questioning, your defense can file a motion to suppress evidence. The motion argues that evidence gathered in violation of your constitutional rights is inadmissible in court.
- Motion to suppress incriminating statements: If the police fail to read you your Miranda rights and you make any incriminating statements, your defense attorney may be able to file a motion to have those statements suppressed in court.
- Exclusionary rule: If the prosecutor tries to introduce a statement at trial to prove your guilt, the defense can ask the court to stop that from happening using the exclusionary rule. This rule aims to deter police from questioning a suspect without informing them of their rights.
- No probable cause: If an officer did not have probable cause to pull you over, detain you, or perform an arrest for drunk driving, then you may be able to prevent evidence obtained during your arrest from being used by a prosecutor.
Other strong defenses include:
- Suspect not given opportunity to contact an attorney during the DUI investigation
- Breath alcohol testing can be inaccurate
- Illegal stop of person or vehicle
- Field sobriety test is inaccurate or invalid
- No evidence of suspect driving vehicle or being in actual physical control
You can also contact an experienced local DUI defense lawyer who can determine what evidence the police have, what the arrest report says, and if there is any video/audio evidence related to the arrest.
Facing a DUI Charge Without Miranda Warnings? Here’s What You Need to Know
Getting pulled over for suspicion of DUI is a stressful experience, and it can be even more concerning if the officer didn’t read you your Miranda rights.
While it’s true that not receiving Miranda warnings can impact your case, navigating the legal landscape requires careful consideration and understanding when trying to beat a DUI case with this defense.
This guide, written from the perspective of our Board Certified DUI defense lawyers with over a quarter century of firsthand experience, aims to empower you with knowledge and guide you through the complexities of this situation.
Does a Miranda Warning Violation Automatically Dismiss My DUI Charge?
Unfortunately, not in every case. While failing to administer Miranda warnings is a violation of your Fifth Amendment rights, it doesn’t always guarantee a case dismissal. This is a prime reason why an arrest review with a skilled lawyer is essential, since the attorney can determine whether a Miranda defense will apply to your specific DUI case.
The Miranda warning informs individuals of their right to remain silent and right to an attorney during custodial interrogation. In DUI cases, this typically applies after an arrest and at the station, not during roadside interactions.
However, if the officer asks you questions after arrest without providing the warning, those answers might be inadmissible in court, potentially weakening the prosecution’s case.
Potential Defenses to Explore:
- Challenging the Stop: If the initial stop by the officer was unlawful, any subsequent evidence, including breathalyzer results, might be inadmissible. A skilled DUI attorney can analyze the stop’s legality and explore potential challenges.
- Challenging the Field Sobriety Tests: These tests are not foolproof, and their administration might have been flawed. An attorney can assess the testing procedures and identify any irregularities that could discredit the results.
- Challenging the Breathalyzer Results: Breathalyzers can malfunction or be improperly calibrated, leading to inaccurate readings. Your attorney can investigate the device’s maintenance records and challenge the results’ reliability.
- Alternative Explanations: Perhaps you had a medical condition or consumed something that interfered with the tests. A thorough investigation by your attorney can uncover alternative explanations for your behavior or test results.
Remember:
- Do not discuss the case with anyone but your attorney.
- Gather any evidence you may have, like dashcam footage or witness statements.
- Be truthful and cooperative with your lawyer throughout the process.
Miranda DUI Defense Case Winning Scenario: A Second Chance
Doug, a client, was pulled over for allegedly swerving. The officer failed to read him his Miranda rights before questioning him.
Although Doug admitted to consuming alcohol, his attorney successfully challenged the stop’s legality due to a minor traffic violation pretext. Consequently, the subsequent breathalyzer results were deemed inadmissible.
Additionally, the attorney identified inconsistencies in the field sobriety tests, further weakening the prosecution’s case. Ultimately, the charges against Doug were dismissed.
Seeking Expert Guidance is Crucial
Our team of experienced DUI lawyers at FightDUICharges understands the complexities of these cases and the importance of protecting your rights, and how to use them as a strong defense to get out of DUI charges effectively.
We offer personalized strategies, fight aggressively for your best interests, and strive to achieve the best case outcome possible.
Contact us today for a free local attorney consultation and let us help you navigate your DUI charge to get dropped or thrown out in court.
Miranda Rights DUI, DWI Defenses – Additional 2024 Law References:
https://en.wikipedia.org/wiki/Miranda_warning
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.
Never read my miranda rights or told what I was being arrested for! Passed all of the tests had insurance and wife was with me, she told other officer we had someone coming with license to drive car home would be there in about 10 minutes.
They still towed my car to the impound had to pay $65 to get car out. I also went to pretrial, when the judge suspended my license. I plead not guilty and got charged with 2nd offense DUI, but 1st charge was amended to reckless driving!
Arresting officer works at dcbs where I have a case pending, and I asked the officer not to arrest me, knowing that I had enough on my plate already. He stated, “I already know all about it, I’m seeing a girl who works there.” I was thinking how does he know my case, I thought my case was confidential?! He also said he knows people at the courthouse could make my case go away if I would seek help for my alcohol problem, then, I thought, “what problem?”
I’m lucky to drink once every 3 or 4 months! Too poor to be an alcoholic! I feel like there is some serious conspiracy going on and need some legal help fast please go too court the 18th of this month!
Hopefully since the police officer never read me my Miranda Rights, I have a good chance to beat the DUI, so I don’t have a second DUI offense on my record that was a wrongful charge in the first place.
I was recently pulled over,officer started I swerved, but I just changed lanes and gave signals before doing so! I was charged with DUI, failure to or improper signal, failure to produce insurance card(officer didn’t give me time to get card from glove box), failure to notify address change to dept of trans and failure to wear seat belts!
While I was guilty of failure to notify address change on my license I had insurance at the time and my car was towed too impound even though my wife was with me and had no license, she called a friend with license too come get the vehicle but officers had it towed before friend could arrive! Also after being arrested I submitted a blood test at hospital but never was read my miranda rights at all had insurance and seat belts was on us both,we never go anywhere without them on! Can you help me please I am being harassed in a town that everyone knows each other and I don’t think I can stand a chance doing this case alone!
I did not refuse the breath test, i had a .00 Bac. and I refused blood work. I was pulled over for speeding, they found drugs on the passenger, and charged every one for possession, and charged me with a DUI. The cops probable cause was that he smelled marijuana, when he first approached the car, a common lie police use, to gain access to the car. He then later recanted his lies, based on what he found on the passenger, which was bags of PCP. He then later states in his false statement he smelled ammonia. This is an unjust DUI Arrest, i did not smoke anything or did not drink.