A very frequent question asked by those arrested for a DUI is why the police did not read them their “rights” upon arrest. 

Does the officer have to read me my Miranda Rights?

Police officers are required to read you your “Miranda rights” only if two elements are met. First, you must be in custody which means you must be typically in handcuffs or placed in the back of a patrol car or room and you must be   interrogated (questioned about the details of the crime).   This second prong is the most important when dealing with DUI arrests, most officers will not ask you any questions about the offense after placing you in handcuffs therefore no warnings are necessary. 

Even if the cop fails to properly advise the person of the requirements of the law, a Miranda warning   violation does not automatically result in the dismissal of a case. The statements that you made after the violation would be suppressed and not   admissible as evidence if a lawyer is not provided. 

Most DUI cases don’t not impinge upon fifth amendment miranda rights issues but certainly a Torrance DUI Attorney should be contacted and consulted soon after the arrest to be sure no rights violations exist.