Many of our clients inform us that the police did not read them their Miranda Rights when stopped for a DUI. Unfortunately, when stopped on the suspicion of a DUI, the arresting officer is not required to read you your rights. This procedure is only specific to DUI cases, and does not apply to other criminal arrests.
Miranda rights only apply to criminal cases and should be given when a person is submitted to custodial interrogation. Custodial interrogation is when you are taken into mandatory custody, and are interrogated by officers. If you are voluntarily there, and are choosing to answer any questions officers have, Miranda Rights do not have to be read.
For example, let’s say you go into a police station to talk to Officers about something you have seen.sThe officers ask you to answer a few questions in the waiting area and you agree. Even if later you are accused of being a suspect in the crime, the questions you answered may be used as evidence. Miranda Rights were not necessary because there was no custodial interrogation. You were not taken into custody against your will, and you were not questioned by officers while in custody. When officers ask you questions that you voluntarily answer, it is considered to be investigative. Officers have a duty to gather facts and investigate, and when they ask you questions to learn information, it is considered to be investigative, not an interrogation.
During a DUI stop, police officers will ask you many questions as part of their investigation. They may ask you if you have been drinking, what you had been drinking, and how long it has been since your last drink. These are all routine questions they ask to gather facts and evidence. It is merely part of their investigation, not an interrogation since you have the right to remain silent, and politely decline to answer any questions.
An experienced California DUI Specialist can tell you what rights you have during a DUI arrest, and when they have been violated. Protect yourself and learn the different defenses you may have when you have been stopped on the suspicion of a DUI.