Q: Can my case get thrown out if the police officer didn't read me my Miranda rights?
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A: If the police officer failed to read you Miranda rights AND you were in custody and subject to interrogation (questioning) under circumstances where it is clear you were not free to leave, then any statements obtained as a result of the conversation may be suppressed as evidence. The prosecution may or may not be able to obtain a conviction without the statements. It all depends on the facts of the stop and how it was conducted. You need an attorney to do a detailed analysis of your case before trial. Call my office at 703-352-9044 for a free initial consultation. I offer reasonable flat fee arrangements in DUI cases.
A: Your miranda rights only need to be read to you after you were taken into custody and before questions were asked about the alleged offense. Initial questions (before you were arrested) such as how much you had to drink, when you had your last drink, where you were coming from and similar questions, can be considered part of the officer's investigation to determine whether he or she has probable cause to arrest you for DUI. Those initial questions do not require you to be read your miranda rights. All this said, DUI convictions have far reaching consequences, so you should retain a local dui attorney as soon as possible.
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