Drunk Driving Defense, DUI Arrest - FAQs

9. If I am not advised of my Miranda warning by the officer, can my case be dismissed?

Your case cannot be dismissed for this reason. While police officers are required to advise you of the 5th Amendment, it does not have to take place until after an arrest have taken place. This obligation is sometimes overlooked by the arresting officer.

Similar situations occur when the suspect is not informed of their rights with chemical testing. There is an implied consent law in California which deals with a suspect's legal requirement to consent to a chemical test and penalties if the suspect refuses. This is regulation the suspect must be aware of as it can affect the length of suspension of their driver's license.

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