What to do if I got my first DUI this morning?
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What to do if I got my first DUI this morning?
I was pulled over and arrested for a DUI because i was drinking the night before. They never read me my Miranda Rights, should I bring that up in court? Also the arresting officer took and threw my cigarette out of my mouth because he quit smoking 2 years ago, should I bring that up as well?
Asked on October 8, 2011 under Criminal Law, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First of all, the cigarette incident is a non-factor; don't bring up extraneous matters. As for your Miranda warning, it is a common misconception that it must be given every time an arrest is made. The warning need only be read to person if they are taken into custody and then questioned (about something other than basic booking information). So unless the officer asked you about the incident after you were arrested, you need not have been read your rights.
However, you may have other defenses available to you. An experienced DUI attorney could attack the arrest on procedural or other grounds (e.g. accuracy of the breathalyzer). You should consult a lawyer ASAP. The fact of the matter is that a DUI triggers both a civil and criminal case. And having a criminal record can have devastating consequences regarding employment, insurance rates, leasing a home, or applying for certain student loans or professional licenses.
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