Reader’s Question:

My sister was accused of DUI here in Spokane, Washington and her DUI lawyer is in the process of reviewing her case. I heard that she was not read his Miranda rights during the arrest or something. What will happen to her DUI case now, will it be dismissed?

Elias

Spokane, WA

Unfortunately, your sister’s DUI case in Spokane, Washington would not be dismissed if she was not read her Miranda rights. The Miranda warnings should be given if the person accused for DUI is already under “custodial interrogation.” If the person is under custody, he/she will not be free to leave or terminate the investigation. Interrogation would be the direct questions or their functional equivalent designed to elicit incriminating information.

While there is no debate that the questions that are asked by the police officer are an ‘interrogation,’ it has been decided by the courts that most of the questions directed to the DUI suspects are asked before the person is in custody for the purposes of Miranda. In other words, in most DUI cases, there is no legal obligation for the officer to advise the DUI suspect of his/her rights. If there is a Miranda violation, it would merely result in the suppression of statements that are obtained as the result of the violation.

Tags: DUI, DUI arrest, DUI lawyer