How can I get a DUI dismissed?

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How can I get a DUI dismissed?

I was being arrested for DWI, and when asked to give a blood sample, I asked to speak to an attorney. The officer refused saying I did not have the right to a lawyer, then I asked about Miranda rights, he refused to read them and said I was refusing to give a sample. Were my rights violated? The police never took a breath or blood sample, is that enough to have my case thrown out?

Asked on January 3, 2013 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Basd upon what you have written there were no Miranda violations of your rights for the simple fact that you have not written that you made some incriminating statements to the arresting officer. The DUI charge can proceed againt you based upon objective findings of impairment. I suggest that you consult with a criminal defense attorney to assist you in your matter.

Based upon what you have written, you need a criminal defense attorney to assist you in your matter.


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