DUI...arrested...didnt read me my rights.

This is a discussion on DUI...arrested...didnt read me my rights. within the Drunk Driving, DUI, DWI forum, part of the Traffic & Speeding Tickets category; if i was arrested for a dui and my rights were never read to me...can they still charge me?...

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Old Oct 7th, 2009, 09:03 PM   #1
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Confused DUI...arrested...didnt read me my rights.

if i was arrested for a dui and my rights were never read to me...can they still charge me?
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Old Oct 8th, 2009, 03:32 AM   #2
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Default re: DUI...arrested...didnt read me my rights.

The short answer is maybe.

The rights you are thinking of are called your Miranda rights. The purpose is to warn you that you don’t have to talk to the police if you don’t want to. The idea is that a person under arrest may not feel free to remain silent when he is questioned by the police. So the U.S. Supreme Court has declared that persons in state custody must be warned of their rights before being interrogated.

The admonition is usually voluntary in DUI cases and not usually given, for the following reason:

During the investigative stage, the officer has no obligation to advise one of the person of Miranda rights.

In DUI cases, the officer asks all the questions before arresting (handcuffing), thereby avoiding the issue of having to advise. The person does not have to answer any questions but the person usually does.

Not until handcuffed is the need for the Admonition triggered.
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