I wasn’t Read my Miranda Rights, Can I get my Case Dismissed?

The 5th Amendment requires Miranda Warnings to be administered only during custodial interrogation. In most DUI arrests, the peace officer questions the suspect prior to placing him/her under arrest. The statements provided by the suspect prior to arrest are considered voluntary and do not require the protections of the 5th Amendment. Miranda Warnings are required due to the coercive nature of custodial interrogations and are utilized to help level the playing field and remind suspects of their rights. If the peace officer did not question the suspect regarding the circumstances of the offense following arrest, then the officer is not required to read the suspect his/her Miranda rights. Only in instances of custodial interrogation without proper warnings and waivers, would statements made by a defendant be inadmissible in Court.