June 23

Miranda Rights and DUI

DUI

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Miranda Rights and DUI

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.

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