20 Questions Arrested for DWI in Texas. If I wasn't read my rights, will my case get dismissed?

20 Questions: Arrested for DWI in Texas is the first book in the 20 Questions series by Peter M. Lopez. It is currently available to read in ebook form below and for download as a pdf. A paperback version is scheduled to be released this summer.

Each question answered in 20 Questions: Arrested for DWI in Texas is also answered individually for your convenience here on our website if you are searching for answers to specific questions.

As you read, you may discover you have other questions. If so, links to the answers to the other nineteen questions in the book are provided below.

This is the 17th question answered in the book.

17. If I wasn’t read my rights, will my case get dismissed?

It is a common misconception that failure of an officer to provide the Miranda (See Miranda v. Arizona) warnings will automatically result in a dismissal. There is always a possibility of a case getting dismissed, but a DWI is probably not getting dismissed because an officer failed to read the Miranda warnings. If, however, certain statements were taken or evidence collected without properly advising you of your rights, those items may be excluded from evidence.

In DWI cases, much of the evidence is gathered prior to an arrest being made. The obligation to provide Miranda warnings, however, is not triggered until a defendant is in legal custody and a statement or evidence is sought from the defendant. Additionally, any voluntary statements made by a defendant on the roadside, in the police car, at the jail, or in custody are usually admissible. In my experience, defendants who try and talk their way out of a DWI usually do the exact opposite.

If you have other questions about a DWI arrest in Texas, here are the answers to the other nineteen most frequently questions when arrested for driving while intoxicated:

If you or a loved one has been arrested or charged with driving while intoxicated in Texas, call our firm today, and please enjoy 20 Questions: Arrested for DWI in Texas.