Miranda Rights and DUI

Miranda Rights and Your DUI Case

Miranda Rights and DUI are things that should go together. The problem is that the Miranda Rights don’t actually have to be read when you are pulled over. Due to popular misconception, the Miranda Rights don’t actually happen when the arrest happens. The two conditions that must be met in order for a police to “have to” give the Miranda Rights speech is when you. 1. Are UNDER ARREST and 2. when the officer does an interrogation. When the police does an investigation when they pull you over during a DUI, then there is actually no reason for the police to give the speech. This is due to them not actually putting you under arrest yet. What they are doing is conducting an investigation to determine whether or not an arrest is necessary. That is why during a DUI investigation, police officers don’t give the speech. However during this investigation you are allowed ( and is actually advised) to remain silent. Politely refuse to answer the questions. Miranda Rights

When Does Miranda Rights Come in?

When 1. you are under arrest, and 2. when the officers interrogate you. If the officer fails to tell you your Miranda rights:” You have the right to remain silent.  Anything you say can and will be used against you in a court of law.  You have the right to speak with an attorney.  If you cannot afford one, one will be appointed to you at no cost.” then a DUI attorney may be able to throw out the verbal evidence. Its important to note that if the police failed to give you your Miranda rights during a DUI arrest, only the verbal evidence is thrown out. All other evidence such as blood test, field sobriety tests, etc.. will still be used against you.

If you were arrested for a DUI and the police failed to give you your Miranda Rights. Speak to an attorney that has the training and experience to talk to you about your options.

Miranda Rights Explanation:

Miranda Right and its purpose of Miranda rights is to protect your right against self incrimination.. Come from the landmark Supreme Court case of Miranda versus Arizona. This case basically says that you have the right to remain silent. In addition, if you are pulled over and placed under arrest, you do not have to answer any questions whatsoever.  Once you assert your right to remain silent The officers will have limits placed on them As to what they can ask you.

Importance of Miranda Rights in DUI Cases:

Miranda rights are crucial in DUI cases because they protect a person’s rights. When it comes to interactions with law enforcement. There are statements that can be said to law enforcement which can be used against you in a DUI case. These things involve the number of drinks you’ve had when you last left, where you are going and where you are coming from. Once you are arrested The officer is required to. Advise you of your Miranda rights. Failure to do this can result in your statements being excluded from the evidence in your DUI case.

When Do Miranda Rights Apply in DUI Cases?

Miranda rights are read in DUI cases where a person is arrested. Unfortunately, officers are trained and are hip to about this rule. Instead, what they will do is ask you questions before they arrest you. It is important to know that during this process you still have the right to not answer any questions and. Remain silent. Courts will often say that Miranda rights do not apply because this is a investigation of a DUI. However. Regardless of this, it is important that you. Assert your right to remain silent, even if it means that they will arrest you. Because once they arrest you, then Miranda rights will kick in. Then the officer will have to read you the Miranda rights if they want to question you further On your DUI.

Difference Between Detention and Arrest:

Police contact can be divided into detention and arrest. A detention is less intrusive to a person than an arrest. Doing a detention, a person has the ability to walk away And their freedom is not so limited. However, during an arrest, a person is in custodial custody and is not allowed to walk away. It is during the latter that a person has the Miranda rights. In addition to this, a person does not have to be in handcuffs for the purpose of Miranda rights to kick in. The test is whether or not a reasonable person will feel free to leave in A similar situation.

Interrogation and Miranda Rights:

Police interrogation is very broad. It could be as simple as how are you doing today and where are you going? Or is there anything wrong with your car? The answers to these statements can be used against a person later on in court. It is at this moment that a person should invoke their right to remain silent. However, because officers are hip to this, they will casually conversant with their person before arresting them. The conversation will come out as, hey, we’re just doing a routine stop and checking for any kind of drunk driving tonight. If you pass the test, you can go. This does not constitute an arrest and is only a detention. Because it is only a detention, they do not have to give a Miranda warning and the statements that come out can be used against the person in court and is not subject to Miranda.

Consequences of Not Being Read Miranda Rights:

As discussed above, the potential legal ramifications of film to read Miranda rights in a DIY case can cause a person’s statements to be excluded in the case against them. For example, if an officer, after arresting a person, does not read them the Miranda rights and elicits more questions about what they had to drink and when they had it, then these statements can be excluded against the person in the DUI case. However, the statements that happened before the arrest, such as whether or not the car is working or where they are heading to, will not be excluded Because the duty to read them their Miranda rights has not kicked in.

Admissibility of Different Types of Evidence:

There are different types of evidence typically collected in a DIY case, such as breath machines, observations of fill, sobriety test, blood test results And a person statements. Miranda rights only affects the person’s statements. It does not affect An officer’s observations as to what happened. This means that breath machines, the observations of fields of Brighty test and blood test results are not affected By the lack of a Miranda warning.

Role of a DUI Attorney:

A DUI attorney can identify and address Miranda rights violations in DUI cases by going over the police report and reviewing the audio and video. By going over the audio and video, a DUI attorney can ascertain the timing of the questions and when they were asked and whether or not it was before or after the arrest. If the statements were made after the arrest and no Miranda warning was given, then the DUI attorney can challenge the evidence to protect their clients rights by making a motion with the court for the purpose of keeping those statements out of evidence. If you have been arrested for a DUI in Orange County, you can give our office a call at 714-589-3063.

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