I was arrested for DUI this past weekend but the officer never read me my Miranda rights. Can I get the case thrown out?

This is one of the most common questions people arrested for DUI ask and many think that their case should be dismissed because the officer never read them their rights. The Miranda rule applies when somebody is in custody and they are subject to an interrogation and only applies to statements the person makes. During a DUI investigation, prior to being handcuffed, the person is being detained but they are not “in custody” for the purposes the Miranda rule. Prior to the cuffs being slapped on any statements you make to a cop will likely be used against you in court. If the cops do interrogate you after they arrest you without reading your rights then you may be able to file a Miranda motion in court to have those statements excluded, but it would not mean your case would be dismissed.