Drunk Driving Defense, DUI Arrest - FAQs
9. If the officer never advised me with a Miranda warning, can I have my case dismissed?
No, your case cannot be dismissed for this reason. The officers are obligated to advise you of the 5th Amendment after the arrest has taken place. In too many cases, however, they do not fulfill this requirement. When this happens, the prosecution will be unable to use any of your statements after the arrest as evidence in the case.
Another unfortunate, but common, situation occurs when the arresting officer does not inform you of your rights with chemical testing. The state of California has an “implied consent” law which addresses your legal obligations to consent to chemical testing and the consequences if you should refuse. This is a particularly important regulation for you to be aware of as it can potentially affect the suspension of your driver’s license.
