DUI TIP: "I Wasn't Read My Miranda Rights!"

One of the most common statements we receive from our clients includes that they were not read their Miranda Rights after being arrested for a DUI.  Police officers don't necessarily need to advise you of your Miranda Rights if you have been arrested for a DUI.  You may be wondering...how does this make any sense?  Haven't we always learned that during an arrest, you should always be advised by law enforcement that "you have the right to remain silent " and "anything you say can be used against you"?

Law enforcement is trained to obtain incriminating evidence during a DUI investigation before a subject is arrested.  What does this mean exactly?  The courts have determined that two conditions must be met before a police officer must read you the Miranda Rights; concurrent custody and interrogation of a subject.

Once law enforcement initiates a traffic stop they may find a reason to believe that the driver has been drinking.  They will continue questioning the driver and perform field sobriety tests before they make the determination to arrest the driver for being under the influence.  Should they continue to ask direct questions regarding the DUI after the driver has been arrested, then in this case it is necessary under the law that the officer read the arrested person their Miranda Rights.  However, if the officer has no further questions and the driver is in their custody, then law enforcement is not required to read the subject their Miranda Rights since the second condition has not been met.  However, in certain circumstances, it may be possible to keep statements from coming into evidence.

If you have been arrested, you will need an experienced and skilled DUI defense attorney to help discern whether or not your rights were violated.  Give the Law Offices of Virginia Landry a call at 949-585-7400.  We provide a free consultation and can help you get through this difficult time.  Visit us at www.duiqueen.com or www.orangecountycriminallaw.com.

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