QUESTION

What happens if police does not read Miranda rights in a DUI?

Asked on Sep 15th, 2013 on DUI/DWI - Michigan
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11 ANSWERS

Nothing if the suspect doesn't make any statements. Any statements made will be excluded from evidence.
Answered on Nov 07th, 2013 at 9:41 AM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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Police officers don't have to read you your Miranda rights before arresting you.
Answered on Sep 20th, 2013 at 11:46 AM

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Michael J. Breczinski
Nothing unless after they have arrested the person then they ask them question that could incriminate the person. Then the answers would be inadmissible.
Answered on Sep 20th, 2013 at 10:13 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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There is a big misconception about Miranda Warnings. First of all, the police only have to read them to you if they wish to interrogate you (ask you incriminating questions) while in police custody (not free to leave). Second of all, a Miranda violation will never, ever result directly in a case being dismissed. Miranda protects against a defendant giving incriminating statements and therefore the remedy is to suppress the statements and possibly any evidence obtained from those statements unless it would have been discovered anyway. Traffic stops have been held by the Supreme Court to not be considered "police custody" as the detention is brief. That means Miranda is not required on most traffic and DUI stops. That is a crucial distinction since most officers can and do ask incriminating questions on such stops, such as "how much have you had to drink tonight?" You do not have to answer those questions and you should not. If the DUI turns into an arrest, then you would be in custody and therefore entitled to Miranda warnings. Have an experienced criminal defense/DUI attorney evaluate your case, including all reports and cruiser cams and breath video cameras to determine if there were any violations that could be argued in court for suppression or dismissal. Jared C. Austin, Attorney-at-Law CONFIDENTIALITY NOTE: The Information contained in this electronic message is legally privileged and confidential information intended only for the individual or entity named as recipient. If the reader is not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this electronic message is strictly prohibited. If you have received this electronic message in error, please notify the sender immediately by return electronic message and immediately delete this message from your system. Thank you.
Answered on Sep 19th, 2013 at 5:16 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answered on Sep 18th, 2013 at 4:59 PM

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Police are not required to inform you of your Miranda rights when making a DUI arrest. They are; however, required to inform you of your "Implied Consent" rights.
Answered on Sep 18th, 2013 at 3:47 PM

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Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies in a DUI case.
Answered on Sep 18th, 2013 at 2:55 PM

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Jason David Smith
Miranda only protects you if you are questioned. If arrest not based on you being questioned, then nothing.
Answered on Sep 18th, 2013 at 2:41 PM

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Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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It depends on whether you were interrogated or questioned before you were arrested or after, usually in a DUI case the investigation and incriminating questions occur prior to the arrest, this has been written about extensively as one of the DUI exceptions to the Constitution.
Answered on Sep 18th, 2013 at 2:41 PM

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Divorce Attorney serving Bloomfield Hills, MI at Catchick Law, P.C.
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If not properly Mirandized, and if the Defendant makes any incriminating statements that are the product of something known as "custodial interrogation," then those incriminating statements can be suppressed, it does not mean the DUI case is simply dismissed outright. The Police commonly do not Mirandize in DUI cases because they don't need the Defendant's statements to convict him/her, they can usually rely on the results of the Breathalyzer or blood test.
Answered on Sep 18th, 2013 at 2:41 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Depends of the circumstances and other evidence. You need an attorney.
Answered on Sep 18th, 2013 at 2:37 PM

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