DC DUI Lawyer Attorney David Benowitz
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If I was not read my Miranda warnings, can my DC DUI case be dismissed?

Not usually.  There is a misconception that failing to give Miranda warnings mandates dismissal.  While police officers are required to advise you of the 5th Amendment, it does not have to occur until after an arrest has taken place, which is after you have been handcuffed and taken into custody.

Officers sometimes overlook the obligation to give warnings at the appropriate time, but this does not affect the case itself.  Failing to give Miranda warnings only affects the admissibility of statements you made after you were arrested and before the warning was given.  Anything you say in response to questioning after arrest and without having received the warnings may be suppressed from evidence at trial.

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