The Officer Never Read Me My Rights in San Diego — Can My DUI Be Dismissed?

Posted on: October 20th, 2025 by Dod Law

Officer Never Read Me My Rights in San Diego – Miranda Rights

If you have been arrested for a DUI in California and the officer never read you your rights, you may be wondering if that means your case can be thrown out. It is one of the most common questions people ask after a DUI arrest — and it’s an important one.  Learn more about Miranda Rights.

Dod Law Aggressively Defends SoCal DUIs

The short answer is: it depends on when and how your rights were violated. While failure to read Miranda rights does not automatically dismiss a DUI case, it can have a major impact on what evidence the prosecution can use against you. With the help of an experienced DUI defense lawyer, this issue could become a powerful tool in your defense.

At Dod Law, APC, we aggressively challenge every aspect of a DUI arrest — including whether the police respected your constitutional rights. Attorney Dod Ghassemkhani and his team have successfully defended hundreds of clients across Southern California by exposing police errors, unlawful stops, and Miranda violations.

Understanding Your Miranda Rights

You have probably heard them on TV or in movies:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law…”

These are your Miranda rights, which stem from the U.S. Supreme Court’s 1966 decision in Miranda v. Arizona. Law enforcement officers are required to read these rights only after you are both:

• In police custody, and
• Being interrogated about a suspected crime.

If either of those conditions is not met, the officer doesn’t have to read your rights — yet. That distinction is crucial in DUI cases.

When Police Must Read Your Rights in a DUI Case

In a typical DUI arrest, you might interact with the officer in several stages:

• The officer pulls you over for a traffic violation or suspicion of impaired driving.
• You’re asked to perform field sobriety tests or take a preliminary breath test.
• You’re arrested and taken to the station for a chemical test.
• The officer questions you about where you were, how much you drank, and when.

Miranda rights generally apply at step 4 — after arrest and during interrogation. Before that point, you are not technically “in custody,” so officers do not have to advise you of your rights.

However, if an officer starts questioning you after you are detained or handcuffed without first reading you your rights, any statements you make may be inadmissible in court. That means the prosecution cannot use them to prove guilt.

For example:

• If you admitted to “having a few drinks” while sitting handcuffed in the patrol car, and the officer never Mirandized you, your statement could be thrown out.
• If the officer questioned you at the station before advising you of your rights, your responses could also be excluded.

At Dod Law, we carefully review every moment of your arrest to determine whether law enforcement violated your rights — and if so, we move swiftly to suppress that evidence.

How a Miranda Violation Can Help Your DUI Defense

When police fail to read Miranda rights, the court may rule that any statements you made after being taken into custody cannot be used against you. While the physical evidence (like blood or breath test results) usually remains admissible, removing your statements can seriously weaken the prosecution’s case.

Here’s how a Miranda violation can work to your advantage:

• Eliminating self-incriminating statements: Many DUI convictions rely heavily on the driver’s own admissions. Suppressing those statements can undermine the state’s case.
• Challenging the officer’s credibility: If the officer did not follow proper arrest procedures, it casts doubt on the rest of the investigation.
• Leverage in plea negotiations: Excluding key evidence can motivate the prosecution to reduce or dismiss charges.

Dod Law has successfully leveraged these issues to obtain dismissals, reduced charges, and favorable plea agreements for clients throughout Southern California.

Dod Law’s Aggressive Approach to Defending DUI Charges

When you hire Dod Law, you get more than a lawyer — you get a relentless advocate who knows how to challenge the system. Attorney Dod Ghassemkhani has over 18 years of experience defending DUI and criminal cases across San Diego, Orange County, Riverside, and Los Angeles.

Our defense strategy in DUI cases focuses on exposing weaknesses in the prosecution’s evidence, including:

• Unlawful traffic stops: We investigate whether the officer had reasonable suspicion to pull you over.
• Faulty chemical tests: We challenge the accuracy, calibration, and chain of custody of breath and blood test results.
• Improper questioning: We identify any Miranda violations or coercive interrogation tactics.
• Procedural errors: We examine whether your constitutional rights were violated at any stage of the arrest or testing process.

We use these findings to file motions to suppress evidence, cross-examine officers in court, and negotiate aggressively with prosecutors to reduce or dismiss charges. Our goal is simple: protect your freedom, your license, and your record.

Protect Your Rights After a DUI Arrest

If you were arrested for a DUI and the officer never read you your rights, do not assume your case is hopeless — or that the police acted correctly. The smallest procedural error can make the biggest difference in the outcome of your case.

At Dod Law, APC, we know how to use these mistakes to your advantage. We’ll investigate every detail of your arrest, fight to have unlawfully obtained evidence suppressed, and pursue every possible strategy to help you avoid conviction and keep your license.

Act Now! Do not face your DUI alone. Contact Dod Law today for a free, confidential consultation and learn how we can fight for you. With the right defense, you may be able to turn a damaging arrest into a second chance.

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form