DUI Stops & Miranda Rights
By: Chris Kramer
Although you may have heard the Miranda Rights numerous times while watching cop TV shows or movies about the law, it is important you make sure you have been read your rights during a DUI arrest and investigation.
What are your Miranda Rights?
Before interrogating a suspect, police officers are required to read you your rights, the Supreme Court ruled in 1966 in Miranda v. Arizona. The purpose of this ruling is to make sure that you are aware of your constitutional rights. There are two parts to the Miranda Rights:
- Miranda Warnings
- You have the right to remain silent and refuse to answer questions;
- Anything you do say may be used against you in a court of law;
- You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future;
- If you cannot afford an attorney, one will be appointed for you before any questioning if you wish; and
- If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney.
- Confirmation You Understand Your Rights
- Do you understand each of these rights as I have explained them to you?
- With these rights in mind, are you willing to answer questions without an attorney present?
Once you have been read your Miranda warnings, you can choose or choose not to talk with the officers. If you choose to speak with officers later in the process, the rights you were originally read still apply to what you say to the police. It is possible that the officers will go ahead and re-read you your Miranda Rights, but it is not required.
What if your Miranda Rights are Violated?
If you are not read your Miranda Rights before interrogation, any confessions you make cannot be used against in court as well as any statements about where to find evidence that police would not have encountered otherwise. From a legal standpoint, it is as though the confession did not happen; however, this does not mean that your DUI charge will be dismissed. It is possible that the prosecution will not have enough evidence to present a case, but that's not a guarantee.
How a DUI Attorney Could help
If you have had a recent DUI arrest, it is a good idea for you to get in touch with a DUI lawyer in your area to help you sort through your rights and advise you during DUI court. Total DUI can help you contact an attorney in your area by filling out our free DUI case evaluation or calling 1 (877) 349-1311.