Reader’s Question:

A friend of mine was charged with DUI her in Alabama and she was never advised by the arresting officer with a Miranda warning. Can she have her case dismissed?

Jane

Birmingham, AL

Thanks for asking, Jane.

If your friend was arrested for DUI in Alabama and she was not advised by the police officer of her Miranda rights, I’m sorry to tell you but your friend’s case cannot be dismissed for this reason. The officers are under obligation to advise her of the 5th Amendment after the arrest has taken place. However, in some cases, they do not fulfill this requirement. If this happens, the prosecution will be unable to use any of your statements after the arrest as evidence in the case.

Another unfortunate, but common, situation occurs when the police officer does not inform her of her rights with chemical testing. Alabama has an “implied consent” that addresses her legal obligations to consent to chemical testing and the consequences if she refuses. This is a particularly important regulation for her to be aware of as it can potentially affect the suspension of her driver’s license.