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I was arrested for DUI, and the officer never read me my rights. Case dismissed, right?

Probably not, at least not based on this violation alone. We’ve all seen television shows or
movies where someone is being handcuffed, told that they’re under arrest, and then the actor
immediately tells the suspect,

“You have the right to remain silent. Anything you say can
And will be used against you in a court of law. You have the
right to talk to an attorney and to have that attorney present
with you while you are questioned. If you cannot afford to
hire an attorney, one will be appointed to represent you. Do
you understand each of these rights as I have explained them
to you?”

Most individuals believe that law enforcement officers are required to give Miranda rights every
time they arrest someone. This is a common misconception. Actually, police are only required to read
Miranda rights to individuals during a “custodial interrogation.” In plain English, officers are only
required to read you your rights when you are in their custody, not free to leave, and you are being
questioned about your criminal conduct. Many people are arrested without ever being interviewed or
questioned, and so it is not necessary for those individuals to be informed of their rights.
Furthermore, in Pennsylvania police officers are not required to Mirandize DUI suspects prior to
obtaining a breath or blood test. Pennsylvania DUI suspects are not even entitled to consult with an
attorney about whether to give a breath or blood sample under Pennsylvania’s implied consent law.
To find out whether a police officer properly conducted your DUI investigation and arrest, please
contact us at Curcillo Law.

Categories: Criminal Defense
  • Experience

    90 Years
    Combined Experience

    When choosing a lawyer, experience makes the difference in the fight.

    Read Our Firm's History [+]
  • Success

    Top 100
    Trial Lawyers

    We have been awarded many honors, from Super Lawyers® to Top 100 Trial Lawyers.

    About These Awards [+]
  • Devotion

    Our Client
    Reviews

    Every client & their victory is priority to us as demonstrated through our reviews.

    Read Our Client Testimonals [+]
  • Protection

    Put Our Experience
    to Work For You

    Contact our firm today so that we can get started on winning your case!

    Consultation Form [+]