Miranda Rights 2017-08-29T19:30:55+00:00

Miranda Rights and a DUI Arrest

Why you may not be read your Miranda rights if you are arrested for DUI

“You have the right to remain silent. Anything you say can and will be used against you in a court of law…”

It’s probably impossible to count the number of times you’ve already heard the Miranda rights if you’re a fan of television police dramas. It television is to believed , it is the standard part of any arrest that takes place.

But there are times when you may not be read your Miranda rights if you are arrested in real life.

Miranda rights are a direct result of a person’s Fifth Amendment rights under the Constitution. Among other things, the Fifth Amendment gives citizens the right to remain silent and right to legal counsel. However, Miranda rights only pertain to a person who is already in police custody and who is going to be questioned about a crime. That means if you’ve been arrested and police question you without reading you your Miranda rights, anything you say may not be able to be used in subsequent court proceedings. The same rule applies for any evidence that was discovered during the interrogation as well.

While this applies to a vast majority of crimes, there are times when Miranda rights may not be read. And DUI cases may be one of those instances. Here’s why.

When a person is pulled over under suspicion of DUI, the police may gather all the evidence they need BEFORE a person is taken into custody. If you are pulled over and given a field sobriety test and/or a breathalyzer test before you are arrested, a Miranda warning may not be needed. In other words, enough physical evidence may be obvious and gathered before an arrest is made to the degree that the police will not need to talk to a suspect any further after they are arrested. At some point after you are taken into custody, police may decide to speak to you further, in which case they would need to read you your rights or run the risk of any questioning not being admissible in any court case against you.