What if the police did not advise me of my Miranda Rights?

If the police did not inform you of your Miranda Rights after arresting you for a Virginia DUI, then any statement or confession that you made to them will be presumed to have been involuntary. This means that your words cannot be used against you in your Virginia DUI case. Furthermore, any evidence that was discovered as a result of your statements will also be dismissed from the case.

For example, if an arresting officer failed to read you your Miranda Rights, and your confession led them to a vodka bottle in the glove compartment of your car, then both your confession and the vodka bottle will be inadmissible in a Virginia DUI court proceeding.

However, this does not mean a complete dismissal of your case. A criminal case may still proceed without the required notification of Miranda Rights. While some statements and confessions may be dismissed, a Virginia DUI case may still proceed without that particular evidence.

How do I assert my Miranda Rights, once they have been given?

The best way to assert your Miranda Rights is to simply remain silent. You do not have to answer any questions during a police officer's interrogation. If you want to put a stop to an interrogation altogether, you can say something such as: 

  • I don't have anything to say
  • I claim my Miranda Rights
  • I want to speak to an attorney 

To know how your Miranda Rights may affect your Virginia DUI case, you can contact a Virginia DUI Attorney.

Virginia DUI attorney Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Bob Battle
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100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts