QUESTION
My friend was arrested for DUI but her Miranda rights weren't read. Can that affect the outcome of the case?
Asked on May 18th, 2013 on DUI/DWI - Michigan
More details to this question:
My friend was arrested for driving under the influence, but the officer did not read her Miranda Rights.
10 ANSWERS
Police don't have to read Miranda rights unless they want to question the defendant while he is in police custody and then use that testimony against the defendant in court. Police often don't read the Miranda rights to a defendant because the evidence of the crime is so obvious that they have no need to question the defendant.
Answered on May 22nd, 2013 at 10:57 AM
Criminal Defense Attorney serving Mount Pleasant, SC
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Futeral & Nelson, LLC
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Yes, it can definitely impact the outcome of the case. Under South Carolina laws pertaining to DUI, the arresting officer must inform the suspect of their Miranda rights after the arrest is made.
Answered on May 21st, 2013 at 11:28 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Probably not. 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 May 20th, 2013 at 11:56 PM
Miranda only has to be read after someone is arrested (ie. cuffed), and only 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. She needs to hire a DUI specialist, and do it soon because she has only 10 days to save her license.
Answered on May 20th, 2013 at 10:14 PM
2 Awards
Most likely it will not affect the outcome of the case. Miranda is only required if the questionings occur when the person is in custody. Courts have held that routine questions at a traffic stop or DUI stop do not require a Miranda warning.
Answered on May 20th, 2013 at 1:51 PM
State Crimes Attorney serving Albuquerque, NM
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Law Office of Nicole W. Moss
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An officer does not have to advise someone of their Miranda rights until they are being taken into custody. During a normal DWI investigation, an officer can legally ask questions without reading Miranda to the suspect. If the officer continued to question the person after placing them under arrest and without reading Miranda to them, then those statements may be suppressed.
Answered on May 20th, 2013 at 1:51 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Oftentimes Miranda rights are not read during the course of an OWI investigation. Miranda rights are only required to be read during a custodial interrogation. Roadside statements and field sobriety tests are, generally, not considered to be a custodial interrogation.
Answered on May 20th, 2013 at 1:48 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Maybe, if the DUI interrogation occurred prior to the arrest it it's unlikely that a judge will strike any statements made, however of there were incriminating statements made after the arrest then there may be Miranda violations. You should contact a DUI lawyer in your area to discuss the facts of your case, there may be stronger issues to defend against these charges.
Answered on May 20th, 2013 at 1:48 PM
Michael J. Breczinski
The police only have to read Miranda if AFTER arrest they want to sit the person down and interrogate them. If they just take them to jail, then no Miranda.
Answered on May 20th, 2013 at 1:47 PM
Civil Litigation Attorney serving Grosse Ile, MI
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Edward J. Nykiel
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It means anything that you stated verbally to the police could not be used against you in a trial of the case.
Answered on May 20th, 2013 at 1:47 PM