Jackson, MI asked in DUI / DWI for Michigan

Q: If I am not advised of my Miranda warning by the officer, can my case be dismissed?

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1 Lawyer Answer
William C. Head
William C. Head PRO label
  • DUI & DWI Lawyer
  • Sandy Springs, GA

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.

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