The police officer never gave me a miranda warning following my drunk driving arrest in Florida. Can I get my case dismissed?
Generally speaking, your Miranda warnings are not required during a DUI investigation. However, if you’re involved in a crash and you’re being investigated for DUI, Miranda would apply. At first, the officer would conduct an accident investigation, then after they finish that, they would change hats and conduct a criminal investigation. The courts have held that the determining factor as to when a criminal investigation takes place, is when that officer reads you your Miranda warnings. It’s important to note that Miranda warnings only apply to testimony or your statement. It does not apply to an officer’s observations. Just because Miranda warnings were not given to you, that does not mean that your case is going to get dismissed.