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I was arrested for a suspected dui andd was not read my rights, even after i asked the officer to read them to me. Is that legal

Rehoboth Beach, DE |

I am also only 17. Can they question me without my parents?

Attorney Answers 4


  1. Yes.
    Yes.
    Common myth--Miranda rights are not required. They are only required when and if police have you in a custodial interrogation (you are not free to go) and tney ask you questions they intend to use in court against you. Many time (like a DUI) they have enough evidence from initial stop and breathalyzer to get a conviction without any statements from the suspect.

    You need a DUI attorney in DE IMMEDIATELY. DO NOT attempt to take this on the chin, or do it yourself. The long term ramifications of such a conviction can be with you for many years and a DUI attorney know what and how to ensure every base is covered and every rock turned over to find a way to reduce or get your charge dismissed altogether.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  2. I agree with Mr. Rafter, but you face additional charges potentially because of the underage drinking issues. You need a good criminal defense lawyer who is ALSO well-versed (and up to speed) on Deleware DUI law. Do this now, not the day before your next court hearing because the lawyer will need time to prepare properly.

    This response does not signify the establishment of an attorney-client relationship.


  3. Yes, it's legal.

    Retain a local criminal lawyer to fight the charges.


  4. It is legal. My colleagues are absolutely correct.

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