QUESTION
What should happen if a police officer doesn't read you your Miranda rights before placing you under arrest for a DWI?
Asked on Apr 19th, 2013 on DUI/DWI - California
More details to this question:
I was pulled over for a DWI and was not read my Miranda rights. I was told that it didn't matter that I wasn't Mirandized before I got taken to the station and fingerprinted. Should I have been read my Miranda rights to file a case against me?
7 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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From the circumstances which you described it would not have been necessary for you to have been advised of your Miranda rights.
Answered on Apr 23rd, 2013 at 9:47 PM
No, the police don't have to read you your Miranda rights in this situation.
Answered on Apr 23rd, 2013 at 2:35 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Miranda only applies to interrogation, if the Officer did not question you regarding the crime, your Miranda rights probably don't come into play. You should consult with a DUI attorney in your area and discuss the facts of your contact and subsequent arrest by law enforcement, you may have a Miranda issue or other legal issue that helps your case.
Answered on Apr 23rd, 2013 at 2:35 PM
Michael J. Breczinski
No. they only have to read you Miranda rights if AFTER arrest they want to interrogate you. TV does not accurately show this. Television is an idiot medium.
Answered on Apr 23rd, 2013 at 2:19 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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This is one of the biggest misconceptions in criminal law. Miranda warnings are only required if the police have you in custody and are interrogating you. Roadside detentions (such as during a DUI stop and investigation) are not seen by the courts as "custody" so no Miranda warnings are required. Just getting arrested doesn't mean they have to read your rights either. There are many, many cases that go forward without any Miranda rights/warnings or statements from the accused. Having said that, there may be other factual or legal defenses, so discussing the details in person with a local attorney is always your best bet.
Answered on Apr 23rd, 2013 at 12:12 AM
Criminal Defense Attorney serving Alhambra, CA
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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 Apr 23rd, 2013 at 12:10 AM
They don't have to. Miranda only has to be read "after" you have been arrested (ie. Cuffed), and "only" if there is post-arrest interrogation. The fact is, most cops are trained to get everything they need out of your mouth prior to cuffing you, so Miranda rarely applies.
Answered on Apr 23rd, 2013 at 12:04 AM