“But, the officer didn’t give me my Miranda warning.” What is the result of not giving Miranda warning when there has been a custody effected and an interrogation or questioning has begun. If a court were to find that these requirements have been met, then that court may block or suppress information obtained as a result thereof from coming into evidence in a trial, including Intoxilyzer results, contraband, or statements made by a client. Because of the nature of most DUI investigations, and the fact that most of the incriminating evidence is gathered prior to arrest (driving pattern, field sobriety tests, pre-arrest statements, and sensory observation such as smells), Miranda does not usually come into play. But, it may, so it is always useful to provide this information to your lawyer. An example where it might would be if the officer has made an arrest based on reasonable or probable cause, but, on the way to the station, begins asking questions, which result in the finding of marijuana in the car’s trunk. The marijuana may be suppressed and not usable to establish a possible charge.
