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What If The Police Didn’t Read Me My Miranda Rights Before They Arrested Me For DWI?


The popularity of television crime shows in the last few decades have resulted in at least one thing — most people can recite the Miranda Rights from memory. One of the first things a television cop does is read the suspect his or her rights while the officer is placing the handcuffs on the person. What we must remember is we are watching a television drama that is purely fiction. Many of the things we see in television crime dramas are not based on actual law. Writers and editors take great liberties in the name of “entertainment.”

When you or a family member has been arrested for DWI in North Carolina, you need facts, not fiction. The DWI lawyers of The Trevor J. Avery Law Firm have extensive experience defending individuals charged with driving while impaired. We understand North Carolina’s DWI laws and we use our experience and knowledge to devise a defense strategy that will help you get the best possible outcome in your case. Contact our office to get the facts about DWI in North Carolina.

What are Miranda Rights?

The first thing you must understand is that an officer is not required to read you the Miranda Rights to arrest you for DWI. A police officer can arrest you for driving while impaired, take you to the police station, book you, put you in jail, hold you, and take you before a judge without reciting the Miranda Rights to you. This does not invalidate the arrest or make the arrest illegal.

Failure to read you the Miranda Rights only affects whether any statements you make may be held against you and used in court. Officers can interrogate a suspect without reading the suspect the Miranda warning if they do not intend to use any of the information obtained during the interrogation in court. If an officer fails to read the Miranda Rights to a suspect and tries to use statements made by the suspect in court, this would be a violation of the person’s Miranda Rights.

In most cases, an officer reads you the Miranda warning when you are arrested for DWI just in case anything you say could be useful in court. Most of the evidence obtained during a DWI arrest in North Carolina is not obtained through interrogation; therefore, the Miranda warning is not applicable. However, there is a fine line that officers must uphold and mistakes are made. If you have been arrested for an NC DWI and the officer did not read you the Miranda Rights, you absolutely need to bring this to the attention of your criminal defense attorney.

Contact an Experienced Jacksonville DWI Attorney

“Attorneys Who Aggressively Protect Your Rights”

The Trevor J. Avery Law Firm is a Jacksonville criminal law firm committed to providing the best legal representation to individuals throughout North Carolina. We focus on getting you the results you want while offering you a cost-effective solution to your legal needs.

When you need a DWI attorney in your corner that will fight for your rights to a fair trial, we are here to help you. No matter the case, you should have an attorney working for you who knows the law and who has the experience to get results. We represent clients throughout Duplin County, Onslow County and the surrounding communities. Call our office at (910) 405-8459 or contact us online today for a free case evaluation.