Q: If I am not advised of my Miranda warning by the officer, can my case be dismissed?
A:
Unless a State Legislature mandates that a Miranda warning be given, OWI-DUI-DWI cases do not require it. Two reasons: (1) until cuffed for drunk driving, the person is NOT under arrest. Therefore, all of that is the "investigation" stage. A person should DO NO FIELD TESTS, and REMAIN SILENT. All that is required is to give name and address, and these are BOTH on your driver's license. (2) If arrested for impaired driving, the officer will read, or show the detained driver a printed form containing the IMPLIED CONSENT NOTICE, for that state. This warns the driver of the consequences of NOT taking the post-arrest BREATH, BLOOD or URINE tests, requested by police.
Because NO other interrogation by police is taking place, after a drunk driving or drugged driving arrest, no Miranda advisement will be given, in most cases. Yet, many detained people KEEP TALKING, and further incriminate themselves.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
