Can a DUI Case Be Dismissed If I Wasn’t Read My Miranda Rights?

Reviewed by Carl Spector, Esq.

One of the most common questions asked after a DUI arrest is whether or not a case can be dismissed due to the failure of the arresting officer to read an individual their Miranda Rights. Please continue reading to learn how an officer’s failure to give a Miranda warning can impact the outcome of your case and why connecting with our determined Bergen County DUI Attorneys is in your best interest.

When Are the Police Required to Read a Miranda Warning?

In New Jersey, police officers are only required to read an individual their Miranda rights if they are in custody and being questioned by law enforcement. Essentially, they are only legally obligated to do so right before conducting a custodial interrogation. This means if a person is in custody, meaning they are not free to leave, the police are required to read an individual their Miranda rights to ask them any questions and use their responses as evidence during a trial. Miranda rights are constitutional rights that protect individuals from self-incrimination under the Fifth, Sixth, and Fourteenth Amendments. Nevertheless, general field inquiries or voluntary responses to the police when you are not in custody can be used against you in court.

For example, if you are pulled over when driving, the police officer will not need to read you your rights. This is because you are not officially in police custody. As such, you are eligible to politely refuse to answer questions regarding where you are coming from or how much you have had to drink.

The standard Miranda warning will include the following:

• You have the right to remain silent
• Anything you say can be used against you in a court of law
• You have the right to an attorney during questioning
• If you cannot afford an attorney, one will be appointed to you by the court
• If you choose to answer questions without an attorney present, you have the right to stop responding at any time

If the police fail to read you your Miranda rights before questioning you, any statements made could be deemed inadmissible as evidence in court. However, there are some exceptions. For instance, if you make a statement that is not in direct response to a question, the statement may still be admissible.

What Constitutes a Custodial Interrogation in a DUI Case?

Once an official arrest occurs and a suspect is placed in police custody, any subsequent questioning intended to elicit incriminating responses triggers the requirement for a Miranda warning. In the context of a New Jersey DUI stop, interrogation questions typically include inquiries such as:

• “Where were you coming from?”
• “How much alcohol did you drink tonight?”
• “What exactly did you drink?”
• “How many drinks did you consume over the last few hours?”
• “Are you currently taking any prescription medication?”
• “Have you consumed any illicit drugs?”

If a motorist has been arrested and is subjected to these or similar questions without being Mirandized first, a constitutional violation has occurred.

Will My DUI Case Be Dismissed or Can I Win If I Wasn’t Read My Miranda Rights?

Being read your Miranda rights is intended to ensure that you are aware of your rights and that you are not coerced into incriminating yourself with statements after the fact. As such, a failure to Mirandize you will not automatically allow you to beat your charges or automatically win your case, nor does it invalidate a lawful arrest. However, an officer’s failure to read an individual’s Miranda rights will result in the prosecution being barred from using anything a suspect said or did as evidence during trial. This can increase your chances of achieving a favorable outcome, as the prosecution may not have sufficient evidence to prove your guilt beyond a reasonable doubt.

You should note that, in order for unlawfully obtained evidence to be excluded from trial, your attorney is required to request a formal suppression hearing before a judge. During this hearing, the judge will examine the circumstances of your arrest and determine if your constitutional rights were violated in the process. In the event the judge determines your rights were violated, any statements, answers, or confessions obtained during your custodial interrogation will be suppressed, meaning they will be excluded as evidence during trial.

If the state lacks independent evidence outside of these suppressed statements, it can hurt their chances of convicting you, and ultimately, your case may be dismissed.

Common DUI Caveat

It’s important to understand that Miranda warnings rarely apply in the context of drunk driving cases because the police may not need questions to prove their case. An officer may intentionally refrain from arresting a suspect to get them to incriminate themselves. If the police don’t interrogate a suspect and they simply use their observations, like the driver was swerving in and out of lanes or a chemical test revealed their BAC was above the legal limit as evidence, they are not in violation of a Miranda warning. But if the police officer did interrogate a suspect without first providing a Miranda warning, this is in direct violation of their constitutional rights, which means any information obtained is not admissible in court.

Contact an Experienced Criminal Defense Attorney Today

Although an officer’s failure to Mirandize you doesn’t mean you necessarily beat your case, it can maximize your chances of achieving reduced or dismissed charges. If you have been charged with DUI, please don’t hesitate to contact an experienced attorney from The Law Office of Carl Spector today who can challenge illegally obtained evidence to help you avoid harsh penalties.