Santa Fe, NM asked in DUI / DWI for New Mexico

Q: The arresting officer did not read me my rights when I was arrested for DUI. Can I get my case dismissed?

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1 Lawyer Answer
Stephen Aarons
Stephen Aarons
  • DUI & DWI Lawyer
  • Santa Fe, NM
  • Licensed in New Mexico

A: No. Despite what you see on TV, the failure to read your Miranda rights at a DUI arrest will have no impact on your case. Routine questions during a traffic stop to establish identity such as name, address, and your drivers license, proof of insurance and registration will not require a Miranda warning. Statements made before arrest and voluntary statements made after being arrested do not violate the Miranda rights as long as the police do not deliberately extract those statements.

If your are arrested and interrogated about other crimes, then the duty arises to inform you of your right to remain silent and that whatever you say can be used against you and your right to an attorney. But in a typical DUI stop, there is no interrogation after your arrest and in all likelihood the prosecutor will not need to use your statements to convict you of driving while under the influence.

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