Legal Question in DUI Law in Pennsylvania

Re: Dui

Probably not. The only reason police need to read you Miranda rights is if they plan to question you and use your statements in response to the questioning. In the usual DUI situation they don't care too much about what you are saying.

Re: Dui

No way. People frequently misunderstand Miranda, so I'll give you a quick tutorial. Police need to read you your Miranda rights only if, and you need both here, there is (1) custodial (2) interrogation. The rule means that if those two elements are present, and you say something incriminating, then the govt cannot use that against you. While you were in (1) custody, you were probably not (2) interrogated (no, your name and address don't count). And even if you were, who cares? They probably didn't need to ask you a single question. They have their BAC test from the breathalyzer and that's all they need. They don't care if you admit or don't admit to doing it. This is not like you admitting where you buried the bodies...they don't need your testimony. You need to retain private counsel as soon as possible. Give our offices a call or e-mail me directly.

Re: Dui

Miranda is only an issue if the case involves a statement. In other words, if they didn't ask you any questions then Miranda is not relevant to the case. If they asked you questions, you must analyze the case based on how strong their case would be without the statement in evidence. Based on my experience, the two occasions when i Miranda violation occurs in regard to a dui are when the cops ask whether the person has been drink or whether the person was driving, if the cops get there after the accident. I am sure there are other scenarios that i can think of, but this is the general situation when it comes up. If this is a more routine dui, Miranda is probably not an issue.

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Brian