Thanks to TV shows like Dragnet, Adam-12, and Law & Order, just about everyone in the United States is familiar with Miranda warnings.  “You have the right to remain silent.  Anything you say can and will be used against you.  You have the right to an attorney.  If you cannot afford an attorney, one will be provided for you free of charge prior to questioning.  Having these rights in mind, do you want to talk to us?”

Many people complain that they were never given these Miranda warnings when they were arrested for DUI.  Unfortunately, the arresting officer’s failure to give Miranda will not result in the case being dismissed.

Miranda warnings are designed to prevent overreaching by police in situations that are inherently coercive, specifically where there is “custodial interrogation.”  Custodial means that the person is not free to leave, or otherwise terminate the encounter.  Interrogation refers to direct questions, or their functional equivalent, that are designed to elicit incriminating information. 

While there is no debate that the questions asked by the officer are an ‘interrogation,’ it has been held by the courts that most of the questions that are asked of suspects in a DUI case are asked before the person is in custody for purposes of Miranda.  This means that in most cases, there is no legal obligation for the peace officer to advise the person of their Miranda rights. Where there is a Miranda violation, it will merely result in the suppression of statements obtained as the result of the violation.

Of course, this does not mean that there is no further discussion on this point.  The reported cases that deal with the ability of police officers to ask limited investigative questions in a roadside scenario do not go as far as many police officers do.  There are still legal challenges to be made, and a skilled DUI defense lawyer will know just what to do to make the most out of an officer’s failure to warn a suspect of their rights.  The most important thing is to get to a lawyer who is qualified to help you, and answer that lawyer’s questions as accurately and honestly as possible.  This will give you the best chance of success!

If you go to court and plead guilty to a DUI, there is a 100% chance that the judge will find you guilty of DUI, and a 100% chance you will have a DUI conviction on your permanent criminal record.  If you plead guilty, you are guaranteed to suffer every consequence the court wants to impose.

However, fighting your case means that a lawyer will do everything possible to positively affect the outcome.  Fighting your case means that the prosecutor may not be able to get all the witnesses or evidence he needs to convict you.  Fighting your case means you have a chance.

There are significant legal reasons to fight your case.  Perhaps the officer didn’t have a valid legal reason for stopping you in the first place, and the evidence gathered is suppressed.  Perhaps the breath machine is out of calibration, and your .09 is really a .07.  Perhaps the blood sample is clotted or fermented, and produces a falsely high reading.  These things will only be known if the case is fought.

And even in those cases where the BAC is accurate, and reads .08 or higher at the police station, what does that mean about the time of driving?  It is not illegal to be a .08 at the police station; the crime is driving above the legal limit.  It is quite possible (even probable) that someone with a BAC above the legal limit at the time of testing was below the legal limit at the time of driving.  This is due to the inherent delay in the absorption, distribution, and elimination of alcohol in the human body.  These things will never be explored unless you fight your case.

There are emotional reasons too.  As any boxer will tell you, it is better to go down swinging than to back down from the fight.  Shrinking from the battle, whether in the courtroom or elsewhere in life, can bring emotional wounds that are far more hurtful than anything the judge can do to you.  Sometimes it is important to fight, just so you know you have done everything in your power to help the situation.  To not do so is to carry emotional baggage for a lifetime.

Whether you are fighting your case convinced of your own innocence, or you are fighting your case because it is better to play for fumbles than not to play at all, there are good reasons to fight.