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Mark I. Cohen, ESQ. NYC Criminal Attorney

The Police Did Not Read Me My Miranda Rights Before My DUI Arrest. Does That Mean My Charges Will Be Dropped?


After being arrested and charged with DUI in New York, it is not only natural but also expected that you will begin looking for ways to get your charges dropped or at least the evidence against you thrown out of court. If the police did not read you the Miranda warnings before your DUI arrest, you might be wondering whether that can be enough to convince the court to drop your charges.

So, will your DUI charges be dismissed if the police did not read you your Miranda rights before arresting you? Simply put, a police officer’s failure to read you the Miranda warnings in and of itself cannot result in your DUI charges being dropped. However, if a police officer arrested you and then questioned you without reading you the Miranda warnings, any statements you gave to them can be suppressed by the judge at a trial.

When Are the Police Required To Read You Your Miranda Rights?

Firstly, the following are your Miranda rights;

  1. You have the right to remain silent.
  2. Also, Any statements you give to the police may be used against you at a trial.
  3. You have the right to the presence of a lawyer as you’re questioned by the police.
  4. And if you can’t afford one, an attorney will be appointed for you.
  5. If you choose to answer questions without an attorney present, you have the right to stop responding at any time.

Often, individuals are confused about when the police are required to give Miranda warnings and what the remedy is should an officer fail to read these warnings to a person. In the United States of America, the police are only required to read you your Miranda rights if you are in custody and they intend on interrogating or questioning you. It is vital to note that “custody” is not limited to being at the police station or in a police vehicle. Generally, “custody” is when a person is deprived of their freedom of action in a significant way.

You must note when a police officer pulls you over at a traffic stop and then starts questioning you, anything you say to them can be used against you even if the officer did not read you the Miranda warnings. That is because detainments during routine traffic stops are generally not considered custodial, meaning Miranda warnings are not required.

If the police failed to read you your Miranda rights after taking you into custody, only for them to proceed with questioning you, any statements you gave them could be thrown out of court by the judge. However, contrary to popular belief, a case does not get dismissed just because the police failed to read you your Miranda rights or warnings. Your DUI case can still proceed, and any other evidence that was gathered against you in a legal manner can still be used against you. For example, the breathalyzer test result can be used against you. Fortunately, depending on the specifics of your case, an experienced attorney might be able to help you challenge a breathalyzer test result.

Contact an NYC DWUI/DUI/DWAI Attorney

If you are facing DUI charges in New York and the police failed to read you your Miranda rights before questioning you, contact the experienced NYC DWUI/DUI/DWAI attorney Mark I. Cohen, Esq. at 212-732-0002 today.


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