Legal Question in DUI Law in Pennsylvania

This "reading your rights" myth is about the most misunderstood thing in criminal law. This is how I try to explain it: For ANY of the protections of Miranda to apply, you must be (1) in custody; and (2) interrogated. You were definitely (1) in custody. The thing is, in almost all DUIs, you were likely not (2) being interrogated. Cops don't need to interrogate you with a DUI--you've already "testified" against yourself via the breathalyzer or your appearance. Even if they DID interrogate you improperly, Miranda would only prevent their use of any of your incriminating statements while under (1) custodial (2) interrogation. Miranda would NOT prevent their use of all the OTHER evidence--like:

You blowing a .20

You smelling like booze

You unable to complete the walk-and-turn

You failing the horizontal nystagmus test

I would talk to an attorney right away. Your arrest may be attacked on other grounds, but likely not Miranda. Feel free to give our offices a call.