Alcohol & Drugs: DUI, DWI is this grounds for dismissal

[wise]

If the arresting officer failed to read me my Miranda rights in a DUI arrest is that grounds for dismissal in court and if so, how do i fight it?

 

[disagreeable]

No. Anything you say after the point you were arrested however, can be excluded. Please note, detained is not arrested, necessarily.

 

[army judge]

There is no mandate that an arrested person be read Miranda for every arrest.
All questions asked by police officers aren't necessarily asked to bolster the officer's case against you.
For a DUI arrest, very few questions would ever be asked.
In many cases, intoxicated people don't respond correctly or remember if they were Mirandized.
But, police vehicles do have recording (video and audio) capability these days.

 

[mightymoose]

In a DUI arrest Miranda would not be required unless you were interrogated sometime after being taken into custody. Miranda is not required at the time of the traffic stop or prior to the sobriety tests.
In most cases the officer does not need to interrogate the driver. The officer only needs to observe the sobriety tests and collect breath/blood evidence. After the officer determines that an arrest will be made there is very little if any reason to interrogate the driver, so Miranda is not needed.