The officer never read me Miranda rights. Can I get my case dismissed?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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The only possible consequence of failing to advise a suspect of his or her Miranda rights is that the prosecution cannot use any of the suspect’s answers to questions asked by the police after the arrest. This has little or no application to drunk driving cases, because an officer can question a driver as much as he or she pleases while the driver is in the car and not under arrest. These questions are the first part of the officer’s investigation, long before the arrest. Because the driver is theoretically not under arrest, the officer can ask any number of questions without giving the Miranda warnings.

Of more consequence in most drunk driving cases is the failure to advise you of the state’s “implied consent” law, that is, your legal obligation to take a chemical test and the results if you refuse. This can impact the suspension of your license.

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