Legal Question in DUI Law in California

I was pulled over for not having my lights on I was arrested for a DUI and spent the night in a holding cell. The office never read me my rights and wrote on the report that he did not read me my rights - is it a law that he has to read me my rights


Asked on 1/11/12, 10:58 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Nope. Too much TV cop show 'reality' misleads the public about the real system. You would have an evidence suppression issue only if prosecutors seek to introduce into evidence a statement or confession obtained after arrest without advising you of Miranda rights.

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Answered on 1/11/12, 11:40 am
Terry A. Nelson Nelson & Lawless

Keep in mind a little free advice: When charged or arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.

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Answered on 1/11/12, 11:42 am
Joe Dane Law Office of Joe Dane

Miranda warnings are only required if you're "in custody" (arrested) and being interrogated. Questions during a DUI investigation are typically during the detention phase and therefore not under the same requirement to have Miranda warnings.

Most DUI cases don't involve the giving of Miranda warnings at all. In fact, many arrests for any crime don't involve Miranda warnings and/or interrogations.

If there was a statement obtained when they should have given you your rights, but didn't, any statement would be thrown out, but it wouldn't necessarily invalidate the entire arrest or case.

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Answered on 1/11/12, 1:24 pm


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