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’ve been arrested and before you’ve been questioned.
If you believe that your Miranda rights weren’t respected during your DUI arrest, do not hesitate to reach out to a lawyer that specializes in DUI charges. Call (310) 953-8417 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. Many people are familiar with their right to remain silent and to have an attorney thanks to these depictions. However, shows and movies often gloss over or misinterpret what your Miranda rights are.
The term “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 to have an attorney present for any questioning by the police.
- Even if you don’t have the money to pay for your own lawyer, your right to an attorney means that the government will appoint one to you on your behalf.
While many depictions of the Miranda rights get the general thrust of the required warning correct, shows and movies often mistake what it means if an individual doesn’t receive a Miranda warning.
A Missed Miranda Warning Is Not a Ticket to a Mistrial
If an officer fails to provide a Miranda warning at the proper time, you may believe that 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 you your Miranda rights during a DUI arrest. While a Miranda warning is an important part of the arresting 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 prior to your arrest
- What you said to the officer after the arrest but before the officer began questioning or interrogating you
If, however, the officer began questioning you after your arrest without letting you know about your Miranda rights, you may 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 as a result of the information you provided when you should have been advised of your Miranda rights.
Taking Advantage of Your Miranda Rights
Many people feel worried 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.
Even before an officer has read you your Miranda rights, you may remain silent. Silence by itself will not constitute probable cause, especially if you have announced your intention 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 is not going to 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 any criminal proceedings. Indeed, invoking them may prevent you from unintentionally incriminating yourself throughout the criminal investigation.
Speak with a Lawyer Today About Your Rights After a DUI Arrest
Following your arrest, you have a right to speak with an attorney before you are questioned by the police. If the police did not properly read you your Miranda rights following a DUI arrest, this may be used in your defense at court.
If you feel like your Miranda rights have been violated during a DUI arrest, contact us using the forms provided on the side of this website or by calling us at (310) 953-8417. We can help you schedule a consultation with a DUI lawyer with experience handling cases just like yours. Your case can be evaluated by a leading DUI lawyer at no cost to you.
Don’t face your DUI charge alone – contact us today!