Q: This is my first dui in PA cop said he has yet to se anyone go to jail over frist offense should i beleve him?
Did he have to have a warrent or read me my rights? I dident go to jail just hospital and police station. That a good sign?
A:
If he has truly never seen someone go to jail on a first offense DUI he is either very young or very inexperienced. I should suspect he was not being totally truthful with you. Most DUI's have mandatory jail associated with them. If this is your first run in with the law you should be eligible for the ARD program. While ARD is a good outcome it has many conditions that must be met. That's why you should always consult with an attorney before entering into the program.
As to your second question, he does not have to read you Miranda warnings unless you are in a custodial interrogation situation. The courts in PA have held that roadside questioning for a DUI generally does not invoke a custodial interrogation. This means that most arrests occur without a reading of Miranda (unlike TV where the read it all the time). You may have supression issues with your case that you are not even aware of. Talk to an attorney and have them properly evaluate your case.
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