Miranda Rights in a DUI Case

If you are arrested for DUI in Los Angeles, police must inform you of your rights before they question you.

We’ve all heard the words, “You have the right to remain silent; anything you say can be used against you in a court of law.” This is the opening of the famous “Miranda rights” that police are supposed to read you before they question you. If you are not informed of your rights, then your statements may have to be excluded from the evidence—including anything you said that was incriminating. However, there are a lot of misconceptions about how these rights work.

The “Miranda rights” are really just your constitutional rights under the Fifth Amendment. They are nicknamed Miranda rights after a famous Supreme Court case. But they aren’t always read the same way every time. For example:

  • Police recite different versions of the rights. It does not have to be word for word what you hear on TV.
  • Police may simply inform you of the main points of your rights, without reciting them word for word.
  • Police often don’t tell you your rights when they first arrest you. They may wait until they start questioning you back at the station.

The rights you must be informed of are:

  1. You don’t have to answer questions, and can stop at any time
  2. You have the right to an attorney, and can request an attorney at any time

If you aren’t informed of these rights, then your statements are not admissible in court. But you will need a good DUI lawyer to help you file a motion to get these statement excluded. In some cases, this will dramatically weaken the prosecution’s case or even get your case dropped. You can learn more here.

Have you been charged with DUI? We can connect you with an experienced Los Angeles DUI lawyer and get you a FREE consultation. Fill out the form to the right or call (310) 862-0199 and get your free consultation today.

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