I want to know if my OWI charge can be dropped?

Question Details: Was pulled over for failure to signal. The cop told me to turn off my car and asked me to step out. I cooperated with the officer. He gave me a field test and a breathalyzer test. I failed the breathalyzer and he arrested me and booked me in all without giving me my Miranda rights

Asked 9/1/2009 under DUI / DWI | 335 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

DUI / DWI Law Answers

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

Miranda rights only have to be given if you are in custody and then questioned; you can however be questioned before being taken into custody. If you were asked any questions after your arrest and not read your Miranda rights, then this would be a violation. Otherwise, your arrest was lawful.

Note: You may be asked questions relating to your booking (ie names, address, etc) without implicating your rights to Miranda.

Related DUI / DWI Questions

Didn't find your answer? Ask.

Hong Shen207 Answers|Points 10350Gold Contributor
Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
Kelly Broadbent81 Answers|Points 4000Silver Contributor
Russ Pietryga78 Answers|Points 3850Silver Contributor
Shawn Jackson17 Answers|Points 850Bronze Contributor
Glenn M. Lyon, Esq.27 Answers|Points 1330Bronze Contributor

Hong Shen207 Answers|Points 10350Gold Contributor
Kelly Broadbent81 Answers|Points 4000Silver Contributor
Russ Pietryga78 Answers|Points 3850Silver Contributor
Sharon Siegel62 Answers|Points 3090Bronze Contributor
Michael D. Siegel56 Answers|Points 2750Bronze Contributor
Paula McGill50 Answers|Points 2500Bronze Contributor

Are you a lawyer?
Want to be featured here? Sign up for a free profile and get started today! Click Here

I want to know if my OWI charge can be dropped?

DUI / DWI Law Answers

Related DUI / DWI Questions

Didn't find your answer? Ask.

Top Ranking Attorneys

More Questions Like This...