Legal Question in DUI Law in California

Re: Arrested without being read rights or what my bac was

Miranda rights do not apply to DUI's. They are not required to give your blood alcohol reading. How old are you now? Are you on probation? Grounds for dismissal depends on whether or not the officer's followed protocol. Please contact my office at 310/277-1707.

Sincerely,

Lawrence Wolf, Esq.

Re: Arrested without being read rights or what my bac was

You've watched way too much television. If the officer, after arresting you, doesn't ask you any questions. You don't need to be read your rights. Since the arresting officer knew what your BAC was. Why do you need to know? You can call the Sheriff or police lab and ask what your BAC was if it was done by blood. And the field officer doing the arrest doesn't have anything but a breath machine. Which isn't as accurate as the machine at the jail. So the machine at the jail is the one that counts. And the normal practice is to tell you your BAC done by breath at the jail. It's not how old you were when you were first arrested for Dui. But it is the time between arrests for DUIs. More than seven years and you're home free. And you'll be sentenced as a first time offender. If your breat or blood was .08 at the jail you'll be offered another wet reckless. However, depending on your weight (I use 180 pounds since that's what I weigh) .08 comes after only three ounces of alcohol consumed in one to one and a half hours.

Re: Arrested without being read rights or what my bac was

The good news is that there is definitely a chance that your case could be dismissed.

The law states that if the police violate your federal civil rights they cannot use any evidence that they obtain after the violation against you.

In your case, if the police pulled your car over without the requisite probable cause, any evidence that they obtained after the stop would be excluded.

The police told you that you were stopped because it appeared to them that you were swerving. There has been some recent case law that states that a police officer cannot pull you over for swerving within your lane.

If you were to file a 1538.5 motion there is a chance that a judge would agree and apply the law which excludes the intoxication evidence. If the evidence is excluded your case will almost have to be dismissed.

Call me if you have any additional questions.

Joseph Low