Grosse Pointe, MI DUI and OWI Law Firms & Lawyers

There is often a lot of confusion about Miranda rights. Generally speaking, Miranda rights are supposed to be read to you at the time you are arrested. If the officers fail to read you your Miranda rights, then statements you make after arrest can be suppressed. So for example, if at the station (prior to your Miranda rights being read), you admit that you drank 20 beers earlier that evening (and that was the first time you made that statement to the officers), then it would be possible to keep that statement from getting admitted in a trial. As far as right to speak to an attorney prior to submitting to a breath or blood test after a DUI arrest, the Implied consent statute in California states that you do not have the right to an attorney prior to submitting to a test. Did the officers read you the implied consent admonishment prior to submitting to the breath test? Did they offer you the choice between a breath or a blood test initially? Or just tell you that you had to take a breath test? You also stated that the breath test samples were deficient. I am assuming that there was no BAC calculation after each blow? Did the officers then ask or order you to perform a blood test? If so, did you? Or are you being charged with a refusal enhancement. Although lack of Miranda rights won't give you an automatic dismissal of charges, there are many other factors and variables that can be used to help defend your case.

An OWI charge, like any other, has to be proven to the Court beyond a reasonable doubt. The Constitution guarantees you the right to remain silent and not have that silence used against you. If your friend will say he was driving, you are in great shape. If he says you were driving, you are in trouble. There may also be other witnesses as to who was driving. In short, I would say "no." You should not expect your case to be dismissed, That is an unreasonable expectation. At best, you should hope to win at a trial.