Miranda Rights Read During DUI Arrest

Question: Do Miranda rights have to be read during a DUI arrest?

Answer: Miranda very rarely applies in the context of a drunk driving case, and for this reason it does not need to be read in the context of a drunk driving arrest. The fact that the Miranda rights were not read does not otherwise invalidate the arrest. The Miranda rights are essentially an evidentiary bar; meaning, they bar post-arrest statements made by the defense in response to questioning. If the police don’t need statements to be made in order to prove their case, then there’s no reason for them to question you. And in most drunk driving cases, based on the behavior combined with the breath or blood test, no further statements are necessary. For more complicated cases, perhaps involving serious injury or death, the police may choose to question you. And if they do so and wish to use your responses against you, then they must first read you your Miranda rights.

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