Thanks to shows like “Dragnet,” “Adam-12” and “Law & Order,” just about everyone is familiar with Miranda warnings.  “You have the right to remain silent.  Anything you say can and will be used against you.  You have the right to an attorney.  If you cannot afford an attorney, one will be provided for you free of charge prior to questioning.  Having these rights in mind, do you want to talk to us?”

Many people complain that they were never given these Miranda warnings when they were arrested for DWI.  Unfortunately, the arresting officer’s failure to read you your rights will not result in dismissal of the case.

Miranda warnings are designed to prevent overreaching by police in situations that are inherently coercive, specifically where there is “custodial interrogation.”  Custodial means that the person is not free to leave or otherwise terminate the encounter.  Interrogation refers to direct questions, or their functional equivalent, that are designed to elicit incriminating information. 

While there is no debate that the questions asked by the officer constitute an “interrogation,” it has been held by the courts that most of the questions that are asked of suspects in a DWI case are asked before the person is technically in custody.  This means that in most cases there is no legal obligation for the officer to advise the person of his or her Miranda rights. Where there is a Miranda violation, it will merely result in the suppression of statements obtained as the result of the violation.

Of course, this does not mean that there is no further discussion on this point.  The reported cases that deal with the ability of police officers to ask limited investigative questions in a roadside scenario do not go as far as many police officers do.  There are still legal challenges to be made, and a skilled DWI defense lawyer will know how to make the most out of an officer’s failure to warn a suspect of his or her rights.  You must hire a lawyer who is qualified to help you and to answer that lawyer’s questions as accurately and honestly as possible.

If you go to court and plead guilty to a DWI, there is a 100 percent chance that the judge will find you guilty of DWI and a 100 percent chance you will have a DWI conviction on your permanent record.  If you plead guilty, you are guaranteed to suffer every consequence the court imposes.

However, fighting your case with a qualified lawyer means that the lawyer should do everything possible to positively affect the outcome.  Fighting your case means that the prosecutor may not be able to get all the witnesses or evidence he needs to convict you.  Fighting your case means you have a chance.

There are significant legal reasons to fight your case.  Perhaps the officer didn’t have a valid legal reason for stopping you in the first place and the evidence gathered should be suppressed.  Perhaps the breath machine is out of calibration and your .09 is really a .07.  Maybe your blood sample clotted or fermented and produced an inaccurately high reading. These things will only be known if you fight the pending charges. 

You may choose to fight your case in an attempt to avoid the severe consequences of a conviction.  New Jersey does not have a pre-trial diversionary program.  If you are convicted of DWI, you will lose your license.  You may also go to jail.  Furthermore, the consequences of a DWI conviction may haunt you for many years to come.  The 10 year “look-back period” may soon be a thing of the past, as legislators are currently working on bills that will do away with the “step-down” provision for prior DWI convictions.  If this happens, it is possible you will have a priorable DWI conviction forever. Finally, you could face thousands of dollars in surcharges if convicted.  For first and second offenders, a $3,000 surcharge is levied against you.  For a third offense, you will be surcharged $4,500.  (These surcharges are in addition to your insurance company’s surcharges.)

There are emotional reasons to fight, too.  As any boxer will tell you, it is better to go down swinging than to back down from the fight.  Shrinking from the battle, whether in the courtroom or elsewhere in life, can bring emotional wounds that are far more hurtful than anything the judge can do to you.  Sometimes it is important to know you did everything in your power to help the situation.  To not do so is to carry emotional baggage for a lifetime.

Whether you are convinced of your own innocence or you feel it is better to play for fumbles than not to play at all, there are good reasons to fight.  Hire a DWI attorney who will fight with you and for you.