DWI Lawyer in Dallas - Articles

Miranda Rights and DWI

What happens if the police did not read me my rights when they arrested me?

Police officers are not required to read you your "Miranda" rights unless they want to talk to you, and use what they talk to you about in court once you are already in custody. Everyone has heard of the "Miranda Rights." This phrase comes from the case of Miranda v. Arizona, where the United States Supreme Court stated that before a law enforcement officer can question a person who is in custody, they must tell them their rights. This is the case that people always hear on television and in the movies: "you have the right to remain silent; anything you say can and will be used against you…." Now, how this applies in DWI cases is this famous case dealt with confessions and not arrests. For DWI's it is not a prerequisite for a lawful arrest. So, the police don't have to read your right to you, it is just something that can, and often does, happen.

Will I be able to get my case dismissed because I was not read my rights?

The answer to this question is probably not. As discussed above, reading your rights is not necessary for a lawful arrest. However, if you were "interrogated" after being placed in "custody", an argument can be made that your statements cannot be used at your trial. This can potentially lead to a dismissal of your case.