Monroe, MI DUI and OWI Law Firms & Lawyers

It's not like TV or the movies. Just getting arrested doesn't mean they have to read you your Miranda rights. Those are only required if you are "in custody" (arrested or the equivalent of it) and being interrogated. Typically, a "detention" such as a traffic stop does not rise to being "in custody" so no Miranda warnings are required. If there was a Miranda violation, the remedy is to exclude the statement, but it doesn't necessarily invalidate the entire case. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Possibly. There is no DUI in North Carolina - its DWI. If you were popped with DWLR as a result of being suspended for DWI and it is your second such offense, you could and should be facing some jail time. If I were the judge, I'd put you in the pokey for the maximum time. Clearly, you are aware you are suspended and are not allowed to drive - yet you continue to do so. In my mind, that is tantamount to giving the state the finger and saying 'Ima do what I want'. In NC, DWLR carries a possible 120 days in jail per offense and of course an additional year or more of license suspension.

If you are on probation for drinking and driving, you are on what's called summary probation and it is not monitored probation that is why a probation officer does not come and check up on you. Also a DUI conviction is a misdemeanor unless you seriously injure someone while intoxicated than it will be filed as a felony. Since your conviction is a misdemeanor, you can own and posses a firearm. That being said, if you are convicted of a felony and you are on monitored formal probation you CANNOT own a firearm or even ammunition. One last thing if you are convicted of a misdemeanor and charged with Domestic Violence, even though it is misdemeanor you CANNOT own or possess a firearm under this circumstance as well.