I Was Arrested For DWI, And They Didn't Read Me My Rights!

   A super common misconception about DWI arrest is that the police were supposed to read you your rights before the arrest is made. Miranda law (reading rights) is designed to inform you that your statements can be used against you. However, this doesn't come in to play until you are in custody (arrested). So you have to be under arrest, or at least in a position where one would reasonably believe that they were in custody and not free to go. Routine traffic stops, where DWI investigations take place, don't generally count as custody for the purposes of Miranda readings. So as you freely discuss what you've been doing, where you've been, and where you're heading, the case is being built against you word by word!

   This basically means your statements that are most harmful, will be made during the investigative stop and before any reading of Miranda rights must be made. Therefore, when stopped and investigated for any purpose, whether it's suspicion of DWI or any other type stop, respectfully decline to respond to questions pursuant to you constitutional right. Also, decline any requests to search the vehicle or your person pursuant to your 4th Amendment rights. Any conversation police intend to engage in is generally not for the pleasure of the conversation, rather it is an evidence gathering tactic. If you engage in this conversation, you are likely handing police evidence to charge you with an offense. If you've been accused of DWI or any other offense in the Asheville or WNC area, call an  Asheville DWI lawyer today!


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