The police have an obligation to read you your rights at a certain stage in the arrest, but whether or not your rights are read is not necessarily indicative of whether or not your case will be dropped. The police have an obligation to read you your rights when you are in custody and when they plan to interrogate you or otherwise ask questions. This is especially important as these questions are designed to invoke or elicit an incriminating response or elicit in an incriminating response.
If you are taken under arrest and into custody, you will likely be asked for basic information such as your height, your weight, where you work, and other questions that are not material to your instant arrest or any criminal matter. Law enforcement is not obligated or required by a constitutional mandate to read you your rights before they ask these questions.
This is one of many factors which make it such that whether or not the police read you your rights is not inherently indicative of your DWI or DUI case being dropped.
Can I Be Arrested For DWI Or DUI In New York State If The Police Come To My House Hours Later After The Accident Or Incident And Never Saw Me Driving?
You can be arrested for DUI or DWI hours after an incident and regardless of whether or not law enforcement saw you operating a motor vehicle. However, the police are required to go about this properly, ensuring that no intervening action occurred, or very little that would influence their investigation.
For example, if you were to consume alcoholic beverages in your home after the alleged operation of your vehicle where there was no consumption beforehand, it may impact whether or not an arrest is justified or not.
These situations are always very fact-specific. However, it is important to know that you can be arrested hours after an accident or incident depending on the circumstances of the alleged DWI or DUI.