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I was pulled over and charged for a DUI when I blew only a .08, I was not read my miranda rights, is this not the law?
I was pulled over and charged for a DUI last weekend where I only blew a .08. I was really nervous and I think I incriminated myself as they immediately were trying to intimidate and question me. How come I wasn't read my miranda rights before the questioning? Isn't this the law?
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Answers (1)
For DUI convictions, a police officer is only techinically obliged to read your Miranda Rights after you are arrested, and if they continue to interrogate you. Usually when people are pulled over and intoxicated, they're quite nervous and aren't at the right state of mind to think about the situation and their rights. This is exactly how Police Officers get people to incriminate themselves by getting them to speak before arresting them. If you have said anything self incriminating after being arrested and do not recall being read your Miranda rights, a skilled DUI Attorney may be able to get those statements removed as evidence. In either case, you should hire a DUI Attorney to defend the charge.
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Posted by Staff Writer on 21 Jan 2010