LawSmart.com

Is The Police Officers Failure To Give Me Miranda Warnings Fatal To The States Case?

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.

Other Maine Drunk Driving Defense FAQs

Q: Do I Have To Take Field Sobriety Tests If Asked To Do So By A Police Officer?
A: No. Field sobriety tests must be done (in order to be admissible) on a voluntary basis. The police officer is not allowed to force you to do them. Keep in mind that … More
Q: Should I Submit To Chemical Testing At The Officers Request?
A: If you refuse to submit to chemical testing, you will receive an administrative suspension (prior to your court date) of at least 275 days. Even if you request an … More
Q: Should I Admit To Or Deny Drinking Alcohol If Asked By A Police Officer?
A: The officer can not tell how much you have had to drink by smelling your breath. However, if he is asking, he probably smells it. Even drinking a small amount of … More
Q: Do I Get To Chose Among The Different Chemical Tests?
A: Under most circumstances you do not. The officer is allowed to require a breath test unless it is deemed "unreasonable." If you are allowed a blood test, you may have … More
Q: How Do I Pick A Lawyer To Defend Me?
A: Shop around. Drunk driving defense is a special field of criminal defense which, in turn, is a special area of the practice of law. Do not be afraid to ask lawyers … More
Q: If My Test Result Is A .08% Or Higher, Am I Automatically Guilty?
A: No. Please click on my sample cases. Breath testing and blood testing are often inaccurate methods of calculating a person's true blood alcohol concentration. … More
Q: Am I Entitled To The Advice Of An Attorney Before Deciding Whether Or Not To Submit To Chemical Testing?
A: No. However, some officers (very few) will give a chance to call a lawyer.
Q: How Can A Lawyer Help Me With A Dui Matter?
A: Drunk driving defense is a highly specialized field within the general practice of criminal defense and law, in general. You are permitted, or course, to represent … More
Q: What Are The Maine Oui Laws?
A: Maine has very tough OUI laws. The lowest level of OUI in Maine can send you to jail for up to 364 days, put you on probation for up to one year, make you pay a fine … More
Q: What Is Oui?
A: OUI/DWI/DUI is a crime involving drinking and driving. In Maine it is called OUI. OUI means either or both of two things: First, OUI is operating or attempting to … More