Lack of being read Miranda rights is not a cause for dismissal in almost every DUI case.
Miranda warnings are meant to protect an individual Fifth Amendment right against self-incrimination. In order to self-incriminate, two conditions need to apply – custody (i.e. being under arrest) and interrogation (the officer needs to being asking you questions she does not already know the answer to). With DUI arrests, typically all of the pertinent questioning occurs before the person is placed in custody.
While lack of being read Miranda rights typically does violate someone’s Fifth Amendment rights, other aspects of the arrest might. Usually, though, stronger DUI defenses come from other directions such as noting lack of probable cause for the stop (a violation of Fourth Amendment).
If you have been arrested for DUI, you should consult with several attorneys experienced in your local jurisdiction and discuss the specifics of your case.
