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Can My DWI Case Be Dismissed if I Wasn’t Read My Miranda Rights?

If you are caught operating a motor vehicle while under the influence of drugs or alcohol, you can be arrested and charged with a DWI (Driving While Intoxicated). Facing a conviction of this magnitude can be overwhelming and it is natural for you to wonder how and if you can get out of this situation. If you were not read your Miranda rights you may wonder if that constitutes grounds to have the case dismissed. You have several options when facing DWI charges so it is important to work with a skilled legal professional to protect your rights and determine what is the best course of action for you. Reach out to a Bergen County DWI attorney for representation and legal advice during this time.

What Are Miranda Rights?

Miranda rights are a set of legal rights that individuals have when being taken into custody by the police. The name comes from the 1966 United States Supreme Court case Miranda v. Arizona. During this case, the Supreme Court ruled that law enforcement must inform individuals of certain Constitutional rights before questioning suspects in custody.

During an arrest, the officer will generally say the following.

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney and to have them present during questioning. If you cannot afford an attorney one will be appointed for you. Do you understand these rights?”

Can a DWI Case Be Dismissed if the Miranda Rights Were Not Read?

In general, a DWI case will not be dismissed only on the basis that the officer did not read the Miranda rights. It is a common misconception that police officers are required to read the Miranda rights during the actual arrest. While many choose to do so, it is not required. The Supreme Court’s ruling on Miranda rights specifies that the statement is only required to be read under two conditions.

  1. The suspect is in custody
  2. The suspect is subject to interrogation

To be considered in custody for the purpose of Miranda rights, an individual must be deprived of their freedom of action in a significant way. During a traffic stop, individuals are not technically in custody so the statements they make can be used against them even if they are not read their rights. During a DWI traffic stop the officer is conducting an investigation to determine whether or not the driver is intoxicated. The driver is not in custody so their Miranda rights have not been triggered.

Under certain circumstances, the officer’s neglect of reading your rights can be an effective defense. A court may examine several factors to determine whether or not your rights were violated like the duration of the traffic stop, the officer’s language, the nature used to detain you, and more. Speak with an experienced defense attorney for more information and legal advice.

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