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DUI Arrest Santa Fe New Mexico NM

Reader’s Question:

When I was arrested for DUI in Santa Fe, New Mexico, the police officer did not read me my Miranda rights, so my DUI case will be thrown out, right?

Hilary

Santa Fe, NM

The most damaging evidence in a DUI case often comes from the defendant’s own mouth, that would be admissions. Although any statements made could be spontaneous and thus not subject to suppression under Miranda grounds, they generally come in reply to a series of questions asked by the police officer. These questions usually tend to follow a rather routine format, and are commonly geared in finding out what and how much you have had to drink, when and where you have been drinking, if your memory or mental awareness has been impaired, the probable presence of drugs or medication and the absence of any illness or medical condition, preclude later claims that they affected your symptoms or performance. As a matter of fact, these questions could be so predictable that a lot of law enforcement agencies have formalized the interrogation in DUI cases by printing a list of questions in their arrest report forms.

Unfortunately, if the officer did not read you your Miranda rights when you were arrested for DUI in Santa Fe, New Mexico, it does not necessarily mean that your DUI case would be thrown out. Miranda warnings are usually not required unless the officer question you while you are in custody. Even then, the only good news that you were not read the Miranda rights is that the statements you made could not be allowed in your DUI trial.

Tags: DUI, DUI arrest, DUI lawyer