What if the police didn’t read my Miranda Rights during my DWI Arrest?

Many people are shocked when an officer arrests a person without reading Miranda rights and wonder about the legal impact of the failure to advise Miranda rights.

Generally, a suspect’s oral or written statements that are made after arrest and in response to an officer’s question, are protected by Miranda (i.e. if no rights advisement then the statement itself would be potentially inadmissible in evidence). 

In North Carolina, officers frequently do not read Miranda rights at the time of a DWI arrest and often a suspect is never advised of Miranda rights during the entire encounter with the police.

In the context of a DWI arrest, the lack of Miranda warnings is not likely to result in a dismissal of charges. Most of the time statements made by a DWI suspect after arrest are not particularly important in the State’s prosecution. The suspect’s statements and field sobriety tests prior to arrest combined with a blood or breath alcohol result may be enough for the State to proceed to trial on a DWI charge.

If there is a question about who was driving the vehicle or whether the suspect has consumed alcohol since driving then the proper advisement of Miranda rights may be important for questions related to these issues asked by police after a DWI arrest.

Talking to an experienced North Carolina DWI attorney can help you determine whether the lack of Miranda advisement can help in attacking your case.

Have more questions about DWIs?

You should spend some time reading through our frequently asked DWI questions page. Since our law firm specializes in DWI cases, we’ve heard almost every question before.

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