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:
- 1. What will happen if I am convicted of driving while intoxicated (DWI) in Texas?
- 2. What does “intoxicated” mean in Texas?
- 3. What if this is not my first DWI?
- 4. Can the police officer take my license?
- 5. Will my driver license be suspended?
- 6. Can I get my driver license back?
- 7. How long will my license be suspended?
- 8. How can my license be suspended for refusal when I asked for a blood test?
- 9. How do I get an occupational license?
- 10. When can I get an occupational license?
- 11. Can I get deferred adjudication to keep a DWI off my record?
- 12. Will my employer find out I got a DWI?
- 13. Can I get the DWI off my record?
- 14. Will I have to appear in Court?
- 15. What if I have to work on the day of my court hearing?
- 16. What if I missed my first court hearing?
- 17. If I wasn’t read my rights, will my case get dismissed?
- 18. I do not live in Texas, so will my license still be suspended?
- 19. I got a DWI in another state, so will my Texas license be suspended?
- 20. What is the difference between DWI and DUI in Texas?