Q: When I was pulled over for suspicion of DUI / DWI, I wasn't read my rights. Does this mean that my case will be dismissed?
A: The police are only required to read the Miranda Rights once the person is in custody or arrested. The initial encounter is an investigatory stop in which they do not have to read the Miranda Rights.
After they get all the information they need from the defendant during the investigatory stage, they then make the arrest. At the arrest is when they typically read the Miranda Rights. By that time the defendant has already made statements against their interest that can be used against them. If they make any statements against their interest after they've been arrested and were not given their Miranda Rights, then those statements could possibly not be used against the defendant.
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FAQs
Driving While Intoxicated (DWI)
- When I was pulled over for suspicion of DUI / DWI, I wasn't read my rights. Does this mean that my case will be dismissed?
- If I am convicted of a DUI / DWI in Virginia, what sort of jail time could I be facing?
- I took the Preliminary Breath Test and blew less than a .08. Since that is below the legal limit, why was I still arrested for a Virginia DUI / DWI?
- Will I lose my license if I am convicted of drunk driving in Virginia?
- If my breath or blood test result came in above 0.08, am I definitely going to be found guilty?