What happens if the police officer failed to read me my rights after a DUI arrest in Virginia?
There is a common misconception that when an officer fails to read a person their Miranda Rights (i.e., "You have the right to remain silent, you have a right to an attorney. . .") the case will be dismissed. The Miranda warning only affects the admissibility of statements made by an accused after the person is arrested. For example, if a person is pulled over because his tail lights are not working and he blurts out to the police officer, "I'm drunk as a skunk and I never should have been driving!", this can be used against the person because the person was neither arrested nor in custody. However, if the person is in handcuffs and, answering the officer's questions says, "I was drunk as a skunk and never should have been driving", the police cannot use this statement unless they have read the person their rights.
Additional Virginia Drunk Driving Defense FAQs
-
Q:
¿Cuál es la definición de DUI en Virginia?
A: DUI, set forth in Section 18.2266 of the Virginia code, states that it is unlawful for any person to drive or operate any motor vehicle, "[w]hile such … More -
Q:
Do I have to take a Breath Test or any other Chemical Test when pulled over for suspected DUI in Virginia?
A: Simply stated, No. The United States Constitution provides that a person shall not be required to incriminate themselves. Therefore, you have no obligation to give … More -
Q:
Do I have a choice of Blood Alcohol Level Tests under Virginia DUI Law?
A: At the scene of the arrest, police officers will frequently offer what is called alcosensor. The alcosensor is a notoriously inaccurate breath test. It is … More -
Q:
Can I represent myself in Court under Virginia DUI Law?
A: Anyone can represent themselves in court, but DUI law is very complicated and the punishments are severe. DUI statutes take up 42 pages of the Virginia Code. … More -
Q:
Where can I find a Virginia DUI Lawyer?
A: Check out LawInfo.com’s list of Lead Counsel Rated attorneys to find qualified legal representation. More -
Q:
What terms are used for drunk driving offenses in Virginia?
A: A person arrested for drunk driving in Virginia will be charged with Driving Under the Influence (“DUI”). More -
Q:
Is drinking and driving a crime in Virginia?
A: It is not a crime to drink and drive in Virginia. However, you may not legally drive if your Blood Alcohol Content (BAC) has exceeded the maximum percentage allowed … More -
Q:
What is the legal drinking limit for drivers in Virginia?
A: The blood alcohol limit in Virginia is a 0.08 BAC, unless you are under the age of 21. If you are under the age of 21 and your BAC is 0.02 or higher then you are … More -
Q:
What are the penalties for a DUI conviction in Virginia?
A: Conviction for DUI first offense: Mandatory, minimum $250 fine, Driver’s license revocation for one year. Conviction for DUI second offense: Mandatory, minimum … More -
Q:
What happens if I refuse to take a Chemical Test in Virginia?
A: If a suspect refuses the chemical test, and the refusal is "unreasonable," the suspect will lose his driving privileges in Virginia for the civil offense of … More
