We see it all the time on tv. A person is arrested for a crime, usually a serious one (like murder), and despite all the evidence against the individual, the case is dismissed because a police officer forgot to read the Miranda rights to the person. On the tv show, the lawyer tells the judge and the judge immediately dismisses the case and the person walks away with their freedom.
Now you, a friend or loved one has been arrested for Driving While Intoxicated in Texas and the officer did not read the Miranda warnings. Now you are wondering if the case will be dismissed as seen on tv. In this article I will explain what the Miranda warnings are and help answer the question if a DWI case will be dismissed in Texas because an officer did not read the Miranda Warnings.
What are my Miranda rights?
In the case Miranda v. Arizona, the United States Supreme Court held that after someone is taken into custody and is subject to questioning by law enforcement, the person must be informed of their constitutional right against self-incrimination. Prior to questioning, while in custody, the accused must be told the following:
- The person has a right to remain silent;
- Anything the person says can be used against him or her in court;
- The person has a right to the presence of an attorney during questioning; and
- If the person cannot afford an attorney, then an attorney can be appointed to the person prior to any questioning.
The Texas Code of Criminal Procedure requires the officer to tell the person arrested even more. In Texas, prior to being questioned in custody, an individual must be told the following:
- The person has the right to remain silent and to not make any statements at all and if the person makes a statement, it may be used against him or her at trial;
- Any statement the person makes may be used as evidence against him or her in court;
- The individual has the right to have an attorney present to advise him or her prior to and during questioning;
- If the person is unable to employ a lawyer, then the person has the right to have a lawyer appointed to ho advise him or her prior to and during any questioning; and
- The person has the right to terminate the interview at any time.
As you can see, in Texas an individual being questioned in custody by law enforcement officers, must be told his or her Miranda Warnings, but also that the individual has the right to terminate the interview at any time.
What will happen when the officer does not read the Miranda Warnings in Texas?
In Texas, an oral or sign language statement of the accused made as a result of police questioning, while in custody CAN NOT be used against the person in court, unless:
- An electronic recording of the statement is made;
- Prior to the making of the statement and during the recording of the statement, the person is informed of the five warnings above; and
- The person knowingly, intelligently, and voluntarily waives any rights set out in the warning.
If the three requirements above are not met, then the statement of the accused is not admissible in court.
It is important to note, for the Miranda Warnings to be required the accused must be in police custody and the statement must be made as a result of police questioning. If the person is not in custody or the statement is not made as a result of police questioning then the statement is allowed to be used in court.
Will a Driving While Intoxicated case be dismissed because the officer did not read Miranda Warnings in Texas?
Possibly, but probably not. As stated above, if an officer violates Miranda and fails to inform the individual being arrested of his or her rights against self-incrimination, only the statement itself is thrown out and not allowed to be used in court. The remaining evidence is usually still admissible in court. Therefore, it is important to look at the process of a Driving While Intoxication investigation to determine if a DWI case will be dismissed if the officer fails to read the Miranda warnings.
A Driving While Intoxication investigation is broken down into four stages. The four stages of a DWI investigation are: (1) observation, (2) contact, (3) Field Sobriety Tests and (4) Blood or Breath Alcohol Testing.
- Observation
During the observation phase of a Driving While Intoxicated investigation an officer is watching the vehicle in motion. The officer is looking to see if the vehicle is swerving, is failing to maintain a constant speed, is driving abnormally slowly, etc. During this phase of the investigation the driver is not making any statements to the officer. Therefore, the failure of the officer to recite the Miranda warnings will not affect the evidence obtained by the officer in this phase of the investigation.
- Contact
The second phase of the investigation is the contact phase. During the contact phase of a Driving While Intoxicated investigation, the officer has pulled the person over and is beginning to speak to the driver. The officer is usually attempting to identify the driver and begins asking basic questions to the driver such as where are you driving to, where are you driving from, etc. However, the driver is not usually considered in custody at the time. Therefore, any statements made by the driver are not a result of a custodial interrogation, and are generally admissible in court.
- Field Sobriety Testing
The third stage of a DWI investigation is the field sobriety tests. During this stage of the investigation, the officer is grading the results of the field sobriety tests. The field sobriety tests are a serious of coordination tests that do not involve the officer asking questions of the driver. Since the statements being made by the driver are not a result of police questioning, Miranda warnings are not required and any statements made by the person will most likely be admissible in trial.
- Blood or Breath Alcohol Testing
The fourth stage of a DWI investigation is the gathering of a blood or breath sample to measure the alcohol concentration of a person. This stage occurs after the officer has made the decision to arrest the individual. Therefore, the person is in police custody for this phase of the DWI investigation.
Prior to obtaining a sample an officer may ask the person who is arrested a series of questions. The questions are usually designed to try and obtain incriminating statements of the person arrested. Since the person is in police custody and being asked questions by an officer, the officer must read the Miranda warnings to the accused prior to any questioning. If the officer fails to read the Miranda warnings to the accused, the statements will be suppressed and the prosecutor will not be able to use them in court against the accused. However, the evidence obtained in the first three stages of the DWI investigation will be admissible, unless there is another violation of the law that may lead to the suppression of evidence. Therefore, the failure of the officer to read the Miranda warnings to the accused at this stage of the investigation will probably not lead to the dismissal of the case.
In conclusion, the officer’s failure to read Miranda warnings after a DWI arrest in Texas will probably not lead to the case being dismissed. However, it still may lead to some evidence being suppressed or thrown out that will make the prosecutor’s case weaker and will benefit the person charged with DWI.
I hope you have found this article to be helpful in answering your question about Miranda Warnings. In the event you have been arrested for Driving While Intoxicated in Texas, and wish to discuss your case with me, feel free to call my office at 361-882-7788 and I will be happy to schedule an initial strategy session with you.