When getting arrested for a DUI, do you have to be read your miranda rights?

You may be able to have statements and other evidence suppressed based on these facts. You should contact a DUI attorney to discuss the facts of your case, you may have a Miranda violation and other possible defenses.

DUI "investigatory detentions' are one of the District Attorney's favorite legal fictions, but have been held not to violate Miranda. The should not stop Attorneys from filing In Limine motions to exclude any admissions or confessions taken in violation of Miranda pursuant to Evidence Code section 402 hearings. You do not have to be read your Miranda rights if you are not questioned. Even then, the remedy for a Miranda violation turns on the question of the admissibility of the evidence. The best practice is to politely decline to answer questions during a DUI stop and investigation, and refuse to participate in any Field Sobriety Testing. Do not let an officer waive a flashlight in your eyes for a second, so that he or she can then say that you exhibited 'horizontal gaze nystagmus'. You must, however, pursuant to California's 'Implied Consent' law, submit to blood or breath (used to include urine) sample testing up reasonable suspicion by law enforcement that you were driving under the influence of alcohol or drugs.

No, they don't. 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.