During a DUI arrest can the officer ask "do I need to read you your Miranda rights?" instead of actually reading them.

Attorney answers (5)

1. Licensed in WA

   

   Lennard Nahajski

   Bellevue Criminal Defense Attorney

   Contributor Level 14

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   Answered April 07, 2012 08:45. The above answers are correct, but I want to emphasize that you do not need a BAC reading over .08 to be convicted of a DUI. The officer's opinion that you were affected to an appreciable degree by alcohol if all that is necessary for you to be convicted.
   
   That being said, you need to retain an experienced DUI attorney right away to evaluate your potential defenses and strategies.

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2. Licensed in WA

   

   Amalachi Okoro

   Seattle Criminal Defense Attorney

   Contributor Level 6

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   Answered April 10, 2012 12:42. Like some of the other attorneys have stated, reading you your miranda rights only matters if you answered any questions after your arrest and the state wants to use those answers against you. Now since the officer failed to read you your rights your attorney may be able to use that fact when negotating your case or at trial. The important thing to do at this stage is to get an expierienced dui attorney to defend you.

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3. 

   Robert Richman

   Minneapolis Federal Crime Lawyer

   Contributor Level 16

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   Answered April 06, 2012 21:09. The police only need to read you your rights if they question you. If they question while you are in custody without reading you your rights, you may have an argument that your answers can be suppressed. It sounds like you have a defensible case which you should discuss with an attorney.

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4. 

   James C ForslundPro

   Englewood DUI / DWI Attorney

   Contributor Level 17

   

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   Answered April 07, 2012 05:08. That is not an adequate advisement, but it only applies if you were interrogated.

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5. 

   Robert LeBrasseur

   Portland Criminal Defense Attorney

   Contributor Level 13

   Answered April 07, 2012 09:36. An officer has to actually read the Miranda rights instead of just asking if they have to.

   My response to your question is a generic response and should not be construed as controlling to your case. I can... moreMy response to your question is a generic response and should not be construed as controlling to your case. I can not effectively advise about your case without knowing all the facts. Additionally, my response does not create an attorney-client relationship. You can contact my office to schedule an appointment if you would like to have me represent you. less

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