Everyone in the U.S. is afforded certain civil rights derived from the Constitution that the government must respect. Even if you are arrested on a DUI charge, you are entitled to certain rights. Those include having your Miranda rights read to you after you have been arrested and before you have been questioned.
If you believe that your Miranda rights were not respected during your DUI arrest, do not hesitate to contact a lawyer specializing in defense against DUI charges. Call our office today to speak with a leading DUI lawyer who can evaluate your case and help determine if your civil rights were violated during your arrest.
Understanding Your Miranda Rights
You may be familiar with the general concept of your Miranda rights from television shows or movies. Thanks to these depictions, many people are familiar with their right to remain silent and to have an attorney. However, shows and films often need to pay more attention to your Miranda rights.
“Miranda rights” comes from the 1966 U.S. Supreme Court case Miranda v. Arizona. In the case, the Court ruled that individuals are entitled to know that:
- Anything said to the police during or after an arrest may be used as evidence against the person.
- The person may request an attorney present for any questioning by the police.
- Even if you do not have the money to pay for your lawyer, your right to an attorney means that the government will appoint one to you on your behalf.
While many depictions of Miranda rights get the general thrust of the required warning correct, shows and movies often mistake what it means if an individual does not receive a Miranda warning.
When a Miranda Warning Is Not Required
A Miranda warning is not necessarily required in every interaction with the police. In fact, a Miranda warning must only be given immediately after an arrest if law enforcement officials are also interrogating you.
This means there are certain situations where a Miranda warning is not required. Some examples include:
- Police have taken you into custody but have not started to interrogate you yet
- Police are actively investigating a DUI but have yet to place you under arrest
A Missed Miranda Warning Is Not a Ticket to a Mistrial
If an officer fails to provide a Miranda warning properly, you may believe the individual must be let go. After all, the Miranda warning is designed to protect your civil rights.
You will not be let go simply because an officer failed to read your Miranda rights during a DUI arrest. While a Miranda warning is essential to the arrest process, a failure to read you your rights does not undo the arrest.
Under the Miranda rules, the prosecution may use the following against you in court without a Miranda warning:
- What you said to the officer before your arrest
- What you said to the officer after the arrest but before the officer began questioning or interrogating you
Suppose the officer began questioning you after your arrest without informing you about your Miranda rights. In that case, you might petition to have that stricken from the evidence used against you in court. You, or your attorney, can submit a motion to suppress any evidence gained due to the information you provided when you should have been advised of your Miranda rights.
Taking Advantage of Your Miranda Rights
Many worry that invoking their civil rights during an arrest or investigation makes them look guilty to the police. However, if you know your rights, do not hesitate to take advantage of them.
You may remain silent even before an officer has read you your Miranda rights. Silence will not constitute probable cause, especially if you intend to invoke your right to silence in response to a question. Likewise, asking to speak with a lawyer before answering any questions following your arrest will not be evidence that can be used against you in a trial.
While you should always remain polite with the police, asserting your Miranda rights will not hurt you in criminal proceedings. Indeed, invoking them may prevent you from unintentionally incriminating yourself throughout the criminal investigation.
Can Miranda Rights Be Waived?
There are certain situations in which a Miranda warning can be waived. Police will generally ask you if you understand your rights as described in the Miranda warning. They will then likely ask you if you want to waive your rights.
Remember, the Miranda warning does not need to be given in specific words. Law enforcement officers could ask if you understand the rights as they have been explained, ask you expressly if you understand, or even ask if you wish to talk to them after having read your Miranda rights.
Although you have the authority to waive your Miranda rights, invoking your right to remain silent is almost always in your best interests. Otherwise, you will not be able to protect yourself against potential self-incrimination.
Miranda waivers can be implied from your behavior or expressed through a statement. For example, your Miranda waiver will be “express” if you tell them you want to talk after being read your Miranda rights. If you wish to waive your Miranda rights, you should be prepared to sign a written waiver first. However, refusing to sign a written acknowledgment form does not necessarily mean you did not waive your rights.
Speak with a Lawyer Today About Your Rights After a DUI Arrest
Following your arrest, you have the right to speak with an attorney before the police question you. If the police did not properly read you your Miranda rights following a DUI arrest, this might be used in your defense at trial.
If you feel your Miranda rights have been violated during a DUI arrest, contact us using the provided forms or by calling us. We can help you schedule a consultation with a DUI lawyer with experience handling cases like yours. A leading DUI lawyer can evaluate your case at no cost to you.
Do not face your DUI charge alone – contact us today!
