A lawyer may rely on a Miranda Rights defense in a California DUI case if the police fail to properly inform you about your constitutional rights before asking questions. If the police do not give you this warning, some evidence against you may not be allowed in court, which could help you win your case.
During your initial consultation, a DUI lawyer can discuss in greater detail how to challenge constitutional rights violations, including Miranda rights violations.
Our team at Los Angeles DUI Lawyer has decades of experience helping individuals charged with driving under the influence (DUI) connect with a dedicated criminal defense attorney. Contact us now to begin working on a defense to your criminal charges.
What Is the Miranda Rights Defense for a DUI Case in California?
A Miranda Rights defense for a California DUI case involves your Los Angeles DUI lawyer arguing that the court should throw out some (or all) of the evidence law enforcement officers have against you after a DUI arrest because the police violated your rights.
Some of the more common instances of violations include:
- The police attempting to question you after you invoke your right to remain silent
- The police not reading you a Miranda warning
- Police threatening or coercing you into waiving your rights
- Failure to read rights before a custodial interrogation
- Police questioning you after you have requested an attorney
If the police violated your rights in any way, you could get the court to “suppress” crucial evidence against you. This suppression does not mean you automatically win your case.
However, when a lawyer successfully files a motion to suppress evidence, the prosecution can no longer use it in the case. In other words, they might lose the ability to use your confession, statements you made, or other key evidence. Convicting you becomes much harder, making you more likely to win your case.
What Statements Will the Court Throw Out?
The court will only deem statements you made during the time period in which the police violated your rights as inadmissible at trial.
In any DUI case, you should speak to a lawyer who works extensively on DUI law. Your attorney can help you determine if any part of the arrest or questioning involved constitutional rights violations.
They can also file a motion with the court to suppress other evidence gathered illegally by the arresting officer.
What Are Your Miranda Rights?
The Miranda warning, or Miranda rights, is a warning the police have to give you after they arrest you, but before they start to question you. The purpose of the warning is to make sure you know your constitutional rights before answering their questions.
Since the U.S. Constitution contains your Fifth Amendment right to protect yourself against self-incrimination, law enforcement officers must read you these rights when you are in police custody and law enforcement wants to conduct an interrogation.
If you are free to leave at any point, law enforcement officials are not required to read your rights. It is essential to know that you could be in custody without being under arrest under California law, as might be the case with a suspected DUI.
What’s the Miranda Warning?
Many people quickly assume that the police must read the Miranda warning in a specific order or with specific words. However, as long as a police officer reads all of your Miranda rights to you, it does not matter which words they use.
With that in mind, your Miranda warning is as follows:
- 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 have an attorney present during interrogation
- If you cannot afford to hire an attorney, one will be provided to you by the courts
Police officers will then ask if you understand your rights and whether you wish to waive them to proceed with an interrogation. You should never waive your Miranda rights unless you have consulted with your criminal defense lawyer, and they have recommended you do so.
Miranda v. Arizona
Your Miranda rights stem from the case “Miranda v. Arizona.” In that case, the U.S. Supreme Court decided that law enforcement officials must read you your rights before they question you for your involvement in a criminal offense.
Officers do not have to use this exact wording. Additionally, many departments will have you sign a printed waiver that acknowledges these rights.
Police are not on your side during DUI cases, and they will happily accept any incriminating statements they can get.
What Is Your Right to Remain Silent?
When speaking to the police, you have the right to remain silent to avoid incriminating statements. It is important to note that you have the right to remain silent at all times.
You do not need to hear your Miranda rights to invoke your right to remain silent.
When Exactly Do Police Have to Read Your Rights?
The biggest misunderstanding involving Miranda rights is that police do not have to read you these rights until after they have arrested you and are ready to start interrogating you. For example, they do not have to read these rights at every traffic stop or even when conducting field sobriety tests.
Only when a police officer wants to begin a custodial interrogation must they read you your Miranda warning. In a custodial interrogation, the police can ask anyone questions that could result in incriminating responses.
An example could be a police officer asking someone whether they have had anything to drink and how many drinks they have had in a routine DUI investigation. An individual could give responses that include incriminating statements.
Can You Waive Your Miranda Rights?
After the police have read you the Miranda warning, they will likely ask you whether you understand your rights as they have read them. From there, the police will allow you to waive your rights if you want to answer their questions. You may need to sign a Miranda waiver to waive your rights.
When the police ask whether you want to waive your rights, you should not do so and instead assert your right to remain silent. In addition to signing an express waiver, there is also the possibility that you can waive your rights through an implied waiver.
The police can take any statement you give, as it is voluntary and you have been informed of your rights. However, if the police coerced you into waiving your rights, they could violate your constitutional rights.
Exercising Your Miranda Rights
Exercising your Miranda rights is far easier than you might have thought. All you need to do is clearly state that you assert your right to remain silent or request to speak to a lawyer.
Unfortunately, simply not answering law enforcement questions will not be enough to invoke your rights. Ensure you inform law enforcement officials that you will exercise your rights under the law. Then, do not speak to anyone until you can reach your criminal defense lawyer.
An attorney can take charge, go over three ways to win your DUI case, and explain what you should do next. An attorney could also help you prove your rights were violated when you were arrested for a DUI in Los Angeles.
Learn More About the Miranda Rights Defense
Do you believe that the police violated your rights when making a DUI arrest? In this situation, you can reach out to an experienced attorney to learn more about the Miranda Rights defense in a California DUI case.
An attorney can build a solid defense for you after a drunk driving arrest, considering all possibilities to successfully resolve the charges you face. Our team at Los Angeles DUI Lawyer can put you in contact with California DUI lawyers who could help you avoid jail time, fines, and the loss of your driving privileges by providing legal assistance.
Reach out to us 24/7 to learn more about how to beat a DUI.
Fact Checked
