February 15, 2012 By Paul Wallin

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.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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