Top Misconceptions About Being Arrested For A DUI

Most people who come to me say they were not actually drunk and they were doing fine. The way the statute is written, you do not need to be falling down drunk to be deemed under the influence of alcohol. People generally think they did the roadside tests, field sobriety tests (FSTs) fine. But often they don’t know how they actually performed. Alcohol affects people’s judgment. Their recollection may not be the way it really happened. People often say the police had no reason to pull them over because they were driving fine. Sometimes they are right, often they are not.

Many people have the mindset that it is “only” a DUI, not a criminal case. People need to understand that a DUI is actually a criminal case, although if we were able to resolve it as a non-DUI disposition, like reckless driving that is much less serious than a DUI, then it would be considered a traffic offense instead of a criminal case.

People also have the misconception that their case would be dismissed if they were pulled over and made to do all these tests but no one had read them their Miranda rights. Miranda protects people from making incriminating statements when they are already in custody, whereas the law in Nevada and in most states says that DOING THE FIELD SOBRIETY TESTS IS NOT TESTIMONIAL.

If they did not read the person their Miranda rights, they would not be able to use the person’s actual statements, if they made any incriminating statements while in custody. But, they would still be able to use other evidence such as witness statements, blood analysis and the officers’ observations.

Let us suppose someone was pulled over, arrested for a DUI and were on their way to jail. In this situation they would be considered as being in custody. If the officer had not read the Miranda rights, even if the person made incriminating statements i.e. that they were driving, they had a lot to drink and rammed into a parking meter. These statements are incriminating, we would be able to get those statements suppressed.

Lipp Law LLC

2580 Sorrel St, Las Vegas, NV 89146

(702) 745-4700

FAQs: Top Misconceptions About Being Arrested For A DUI

1. What does it mean to be “under the influence”?
   Being “under the influence” does not require a person to be visibly drunk; even minor impairment can lead to a DUI charge based on alcohol’s effects on judgment and coordination.
2. Can my performance on field sobriety tests impact my case?
   Yes, field sobriety tests (FSTs) can be used as evidence in a DUI case, but individuals may not accurately assess their performance due to the influence of alcohol.
3. Is a DUI charge considered a criminal offense?
   Yes, a DUI is classified as a criminal offense. However, if it is resolved as a non-DUI disposition, like reckless driving, it may be considered a traffic offense, which carries less severe consequences.
4. Do police need to read me my Miranda rights during a DUI stop?
   Miranda’s rights must be read when a person is in custody and subjected to interrogation. However, field sobriety tests are not considered testimonials, so they don’t require Miranda warnings.
5. What happens if I wasn’t read my Miranda rights during a DUI arrest?
   If Miranda rights are not read, any incriminating statements made while in custody may be suppressed, but other evidence, such as witness accounts and blood tests, can still be used against you.
6. Can a DUI case be dismissed if I performed well on roadside tests?
   Not necessarily. Even if a person feels they performed well on roadside tests, the overall circumstances and other evidence can still support a DUI charge.
7. What evidence can be used against me in a DUI case?
   Evidence may include the officer’s observations, witness statements, blood or breath test results, and field sobriety test results, regardless of whether Miranda rights were read.
8. Does having a good driving record help my DUI case?
   While a good driving record may positively influence certain aspects of your case, it does not guarantee the dismissal of DUI charges.
9. What should I do if I feel I was unfairly pulled over for a DUI?
   It’s essential to document your experience and consult with a legal professional who can evaluate the circumstances of your stop and provide guidance on your case.
10. How can alcohol impair my judgment during a traffic stop?
    Alcohol can significantly affect a person’s judgment, leading to misperceptions about driving ability and performance on sobriety tests, which can impact the outcome of a DUI charge.