Miranda Warnings
The police officer did not read me my Miranda warnings, so I win right? No, you must only be given your Miranda warning if the police want to question you after your arrest. Unfortunately, when you are first stopped and the police are investigating you for driving under the influence, they ask you
questions.
In most cases, you cooperated and answered the questions. Then as a result of their investigation which includes the answers to the questions posed to you, the policeman arrests you. He then has no further questions and does not need to mirandize you.
To summarize, Miranda warnings must only be given if you are in police custody and they want to interrogate you. Also, the remedy for a violation of Miranda is not a dismissal of your case, but the suppression of the statements made in violation of the Miranda warnings. However, if those illegally obtained statements led to the discovery of additional evidence against you, that additional evidence may be dismissed too.
Quick Overview
Click on each Initial Question: