QUESTION
How do I beat a DUI charge if I wasn't read my rights or took a breathalyzer?
Asked on Feb 11th, 2013 on DUI/DWI - Utah
12 ANSWERS
John J. Carney
You should retain a good criminal lawyer and have him try to get he violation and not the misdemeanor. If it is a low test that should be easy even with a public defender. You should make better decisions in the future as another arrest could result in a year in jail.
Answered on Feb 18th, 2013 at 7:23 PM
Michael J. Breczinski
I would need to know ALL? the facts before I can answer this matter. The answer depends on the facts. The breathalyzer just gives them extra ammo against you but does not bar them from charging you. If they do not interrogate you AFTER arrest then they do not have to read you Miranda.
Answered on Feb 13th, 2013 at 2:44 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You should consult a DUI attorney, you are asking a question that has many variables and possible outcomes. Generally, refusal cases are difficult to win because they must be won at both the DMV and the Court level since even a jury acquittal will not overturn the DMV action if they suspended your license. The "Miranda" issue may be relevant but it is unlikely since most interrogation occurs prior to the arrest, if you were interrogated after you were arrested, and not "read your rights" you may be able to keep those statements out of the prosecution's case. Again, a DUI attorney can help you sort through the facts of your case and determine what issues may result in the outcome you seek.
Answered on Feb 12th, 2013 at 7:48 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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You need to speak to an experienced DUI attorney in your area about your case in more detail. There are many variables to consider. Not being read your Miranda rights can be helpful to suppress statements made after the point of arrest. As far as the breathalyzer is concerned, are you being charged with a refusal enhancement (on top of the DUI)? A DUI attorney can determine that once he or she has more info about your case.
Answered on Feb 12th, 2013 at 7:47 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Neither of the two items which you mentioned normally make for valid defenses. Call for an appointment with all of the details to see what can be done in your defense, or to minimize the damages.
Answered on Feb 12th, 2013 at 7:46 AM
3 Awards
What you need is an experienced criminal defense attorney.
Answered on Feb 12th, 2013 at 7:45 AM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. While refusal cases have more severe consequences, they are usually more defensible, provided you have someone who knows what he is doing to represent you.
Answered on Feb 12th, 2013 at 7:44 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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You need to hire an atty in this field.
Answered on Feb 11th, 2013 at 11:02 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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What rights are you talking about Miranda or your chemical testing rights? There is a huge difference. Miranda generally does not apply to traffic stops or DUI investigations so if you made any incriminating statements about how much you had to drink, there's not much you can do about that. If you were not given your chemical testing rights and they performed on you, that would be good grounds to suppress any chemical test results. They will need evidence of your blood alcohol content to charge you with OWI. Without your BAC, they could technically charge with Operating While Visibly Impaired (OWVI), otherwise known as Impaired Driving. That does not require a BAC, but that a reasonably jury could conclude you were drunk from observing you.
Answered on Feb 11th, 2013 at 11:02 PM
3 Awards
If you were not impaired or intoxicated, then you should win it is the prosecution job to prove you guilty beyond a reasonable doubt if you refused, that could be evidence against you if you admitted to being buzzed while driving, that is evidence against you.
Answered on Feb 11th, 2013 at 10:31 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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What you do is hire a lawyer who handles DUI cases. I am not sure what else you could do. The courts are not designed for persons to represent themselves. The fact that you did not take the breath test affords you at least the opportunity to challenge the charges through trial. There is NO other way to beat a DUI charge.
Answered on Feb 11th, 2013 at 10:23 PM
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If you never took a breathalyzer or other chemical test, then your case is a little bit better because a prosecutor will have to prove the case without that hard number. Hire a lawyer to help you make the best case possible. Not being read your rights won't affect your case.
Answered on Feb 11th, 2013 at 10:20 PM