They didn't read me my rights, will the case be dismissed?

It is a common belief that some people have that because the police did not read them their Miranda rights, they cannot be prosecuted. This is not the case. When questioning someone in custody, it is the law that the police must read the suspect certain rights, known as Miranda rights. These rights explain that the individual has the right to remain silent, that anything they say will be used against them in court, and that they have a right to have an attorney present for any questioning, etc. What would happen if a person suspected of a DUI is taken in custody and then interrogated at the station, without the police reading any Miranda rights? After questioning, the person admits to having consumed 12 beers and being drunk while driving. Could they still be prosecuted for a DUI? The answer is yes. Although the accused's' attorney could file a Motion to the court to suppress the confession, which would most likely be granted by the judge, the prosecutor could still go forward with the case with other evidence, other than the confession. This other evidence may consist of physical signs of intoxication, such as slurred speech, the inability to walk a straight line, odor of alcohol, etc. It may also consist of the results of a BAC test.

For further information on crimes and possible punishments in Arizona, please visit my website at www.win-law.com.