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Monday, April 12, 2010

Miranda in the DUI Context : Be Advised Before you Make Damaging Admissions : DUI Attorney Edmonds, DUI Everett, DUI Lynnwood, DUI Marysville, Mukilteo DUI Lawyer

By Riley S. Lovejoy, Attorney at Law – Admissions can be some of the most damaging evidence in a DUI case.  Usually, they come in reply to the arresting officer’s questions, and are related to how much you had to drink. The Prosecution will typically argue that although you were not free to leave (which should trigger Miranda), the questioning was part of a “preliminary investigation” (to determine if you are intoxicated and should be arrested), and since you haven’t been placed in custody yet, Miranda isn’t required.  Many clients tell us they make statements in hopes of talking their way out of being arrested.  This never happens, so don’t make that mistake.  Also, even if an officer fails to give you Miranda warnings, your case won’t necessarily be dismissed.  Most often, a failure to give Miranda warnings will result in some or all of your statements being suppressed.

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com

 

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