What to do if I got my first DUI this morning?

UPDATED: Oct 8, 2011

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What to do if I got my first DUI this morning?

I was pulled over and arrested for a DUI because i was drinking the night before. They never read me my Miranda Rights, should I bring that up in court? Also the arresting officer took and threw my cigarette out of my mouth because he quit smoking 2 years ago, should I bring that up as well?

Asked on October 8, 2011 under Criminal Law, Missouri


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

Answered 11 years ago | Contributor

First of all, the cigarette incident is a non-factor; don't bring up extraneous matters. As for your Miranda warning, it is a common misconception that it must be given every time an arrest is made. The warning need only be read to person if they are taken into custody and then questioned (about something other than basic booking information). So unless the officer asked you about the incident after you were arrested, you need not have been read your rights.

However, you may have other defenses available to you. An experienced DUI attorney could attack the arrest on procedural or other grounds (e.g. accuracy of the breathalyzer). You should consult a lawyer ASAP. The fact of the matter is that a DUI triggers both a civil and criminal case. And having a criminal record can have devastating consequences regarding employment, insurance rates, leasing a home, or applying for certain student loans or professional licenses.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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