Will not having my Miranda rights read get my breathalyzer test thrown out?

After being arrested for DUI, I was never told I had the right to remain silent, or get an attorney. After being put in the police car, I was continually questioned and then given a breathalyzer at the station. Since this occurred after failing to read me my rights, does the breathalyzer get thrown out?

Asked on March 9, 2016 under Criminal Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If a defendant was not read their rights (i.e. the Miranda warning) after their arrest but before being questioned, then any incriminating statements or evidence obtained as a result cannot be used against them in court. However, the results of a breathalzer would not be covered by this, since this test would have been administered whether or not you were questioned. Therefore, such results can be used. That all having been said, there are other defenses that can be employed in a drunk driving case. At this point, consulting directly with an experienced DUI attorney would be in your best interests. They can best advise you further.

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