How Can a DUI Attorney Show My Rights Were Violated?

If your rights were not read to you, or there is some question as to the integrity of the reading, is there a way for your attorney to get you out from under a DUI charge? Having the entire case immediately thrown out may not be possible, but a good attorney may be able to have enough evidence ruled out that the prosecution will have a very hard time making the rest of its case.

In many cases, if these rights come into question, the officer may say that the person waived his or her rights. If this is not the case, the state must prove that you not only waived them knowingly, but also did so voluntarily and with a sound mind. If any of these are not true, any testimony you gave post Miranda Warning may be inadmissible.

When Did the Questioning Occur During the DUI Arrest?

The actual time of the event will be very critical for the prosecution to prove. For instance, if you were taken into custody and then on the ride to the police station answered questions that provided the officer with more proof of your case, that information is not admissible. At this point, you were already in custody and the officer questioning you during the ride can be perceived as an interrogation. On the other hand, if you were read your rights and still answered the questions, the officer did nothing wrong in asking these questions and obtaining the testimony.

Now, the next question would be if you waived these rights voluntarily. Were you strong-armed into answering questions? You do not necessarily have to be assaulted, but you could be the subject of some type of intimidation that caused you to speak to the police out of fear.

What State of Mind were you in?

Another exception would be your actual state of mind at the time of the arrest and the reading. If you were literally falling down drunk, did you have the mental capability to understand the rights and waive them after having them read to you? A good DUI Rights attorney could make a legitimate case that even though you agreed to waive your rights, you would just as easily agreed to buy the Empire State Building. In other words, you were not capable of making an intelligent decision at the time your rights were read to you, therefore, any testimony collected is inadmissible because the officers did not wait until you were sober enough to fully comprehend the situation at hand and your rights.

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