Everyone has heard the phrase “You have the right to remain silent.” But not everyone knows what that right truly means, and law enforcement can use this to their advantage especially during a DUI arrest.
Miranda Rights: The Basics
Your Miranda Rights are read primarily to ensure that your statements are admissible in criminal proceedings. If you are not Mirandized by law enforcement, evidence obtained after an arrest may not be admissible in court, which could result in a better outcome or even a dismissal of your case.
Officers are not required to read your Miranda Rights after you have been arrested. However, it they don’t read them, anything obtained as a result of questioning you cannot be used against you. Any statements made before you are in custody can be used at trial. After you have been arrested and Mirandized, anything you say can be used even if you are not being directly questioned or interrogated.
What to do?
Most of the evidence used against an accused DUI driver is obtained before custody and arrest. The innocent questions like “Where are you coming from?” or “Have you taken any medicine today?” are generally asked before arrest. Thus, there is not requirement of Miranda warnings at this point.
Knowing this, it is in your best interest to decline to answer questions about alcohol consumption if you are pulled over by the police for DUI. Anything you say could be used against you even before you are arrested. You are fully in your rights to decline to answer questions before and after arrest.
What if you are not read your Miranda Rights?
If law enforcement fails to read your Miranda Rights and questions you after arrest, anything you say as a result of questioning may be struck down in court as evidence.
The DUI attorneys at Hunsucker Legal Group not only have years of experience defending clients in these cases. We are actively involved in lobbying for your constitutional rights at the state level, working to ensure that your rights are preserved especially in the event of a DUI arrest.
Contact the Hunsucker Legal Group today to review your case.
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