Will my DUI case be dropped if the officer forgets to read Miranda Rights?
Being arrested and charged with a DUI, or Driving Under the Influence, causes major disruptions within your daily routine. A commonly asked question is will your DUI case be dropped if the officer forgets to read you your Miranda Rights? By simplified definition, Miranda Rights are the lawful right for one to not incriminate themselves by saying something without legal representation present. This is exatctly what we are going to look at in this article.
Isn't it a requirement for them to read me my rights?
There are many misconceptions within the thought processes of what your personal rights are concerning Miranda Rights. By now, most of us have heard the statement, "You have the right to remain silent. You have the right to an attorney. Anything you say can and will be used against you in a court of law". Specifically if you watch any measure of crime television shows on any major television network. In actuality, Miranda Rights come into play within certain situations and are not a blanketed statement to be taken literally in each and every arrest. The following are the specific times when an officer must read you Miranda Rights:
- placed under arrest
- brought into police custody
- officer intends to use any statement(s) you make as trial evidence
Is being "in custody" and being "under arrest" the same thing?
In short, no, they are two very different things. Simply defined, being "in custody" could refer to speaking with an officer on the street. While you would not be in a jail cell or interrogation room, you would not be allowed to leave of your own free will. Specifically, if you are being questioned by the police while in custody, you would be under "custodial interrogation". However, if you are just talking to an officer and are free to go whenever you please, then you are not officiailly in custody and the officer is not obligated to read you any Miranda Rights. Equally, anything you say and information you offer is compeltely legal to be used in court against you. In the sinario where you are "under arrest" you are not only in custody but are equally being held for specific reason and everything you say can and will be used against you should you go to court.
Are there any exceptions?
There is a major exception, called "emergency exception" where the officers are allowed to bypass the warning in emergency sitauations where someone's personal safety is in immediate jeopardy. Another exception is when you have given an oral consent for officers to speak to you or enter your property, giving them the right to not give you any warnigns to searching. If you want to avoid this particular scenario, you will want to not give any consent for access to the officers, which means you have the legal ability to say no.
If you are seriously seeking to obtain a safe way home after consuming alcohol, then it is in your best interest to do every single thing in your power to aviod being convicted of a DUI/DWI as well as hire an experienced and professional lawyer. One who is well versed in DUI law and is capable of not only helping you understand your specific circumstance, but equally your options within the State lines you reside in. They will be your best asset in successfully navigating your particular and unique process, as well as having endless resources at their disposal in assisting you with the most favorable outcome possible.
If you have been issued a subpoena duces tecum this is a subpoena for a production of evidence.
Category: Civil Law