If I was arrested for DUI but was never read my Miranda Rights when arrested, can my case be dismissed?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was arrested for DUI but was never read my Miranda Rights when arrested, can my case be dismissed?

I passed all the field sobriety tests except for the heel to toe test.

Asked on April 9, 2012 under Criminal Law, California

Answers:

Alan Pransky / Law Office of Alan J Pransky

Answered 9 years ago | Contributor

Miranda rights are not required in every criminal case.  They are only required if the police ask questions to a person who is in police custody.  While you were in custody, the police probably did not ask you any questions that could incriminate you.  The police can ask identification questions without giving Miranda rights.  They can't ask incriminating questions.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption