January 25, 2013
In general, DUI and traffic stops based on reasonable suspicion do not require the reading of Miranda warnings because the suspect is not considered to be “in custody” for the purposes of Miranda.
However, before law enforcement questions you during a custodial interrogation, he or she must read you your Miranda rights. If you are not given Miranda warning, it is likely any statements made to the police will be deemed inadmissible.
This does not mean that your criminal case will automatically be dismissed. Miranda as applied to DUI cases is complex, thus the importance to speak with an experience DUI lawyer to review the facts and circumstances of your case. Call the experienced DUI lawyers of Wallin & Klarich at 888-749-0034