Is the Police Officer's failure to give me Miranda warnings fatal to the State’s case under Maine’s drunk driving laws?

Not necessarily. The officer is only required to provide you with Miranda warnings when and if the following occurs:

  • You are in custody (the roadside investigation is rarely deemed to be custodial), and
  • You are being interrogated (ie. asked questions which are designed to illicit incriminating responses).

The remedy for Miranda violations is that the State is not allowed to introduce your answers/statements that were obtained by that violation in its case-­in-­chief. There is no automatic dismissal of the charges.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

Additional Drunk Driving Articles

Search LawInfo's Drunk Driving Resources