Will Your Case Be Dismissed If the Arresting Officer Questioned You without the Miranda Warning

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It is standard police practice for the arresting officer to read your rights during or before your arrest. If you were not read your rights, will the case be dismissed? Read on to find out.

What happens when the Miranda rights were not stated?

Should the arresting officer forget to mention your rights, it doesn't mean that your arrest is nullified. It doesn't take away the fact that you were charged with DUI. What it means is that any evidence gained from questioning after the arrest may be considered void by the court. For example, any admission that you made during any questioning made after the arrest may not be used against you in your trial.

Does it mean your case is dismissed?

Not necessarily. It will only happen when all of the evidence needed to convict you are gathered from the questioning after the arrest. If all the prosecution has on you is that admission, then they won't have much of a case. But if there are other evidence that can prove that you're guilty of DUI, then case would still proceed.

What other evidence can there be?

There are other facts that can establish your guilt. One is the arresting officer's testimony regarding your behavior and appearance when you were first apprehended. You also have the evidence that can be found in your car, like empty bottles and beer cans. You can also have testimonies from people that you drank alcohol with, or from the employees and personnel of the establishment where you consumed alcohol. The important thing to note here is that even when the results from the questioning are void, there are still other facts that can bring about a conviction.

Not having your rights read to you can help win your case, but that in itself is not enough for a judge to throw out your case. This can only happen when all the police and the prosecutor has on you is your admission made during police questioning. But as you can see, DUI conviction is not just based on your admission. There are other ways to prove your culpability.