You may have heard a few of the misconceptions about DUI cases and the influence Miranda rights have on them. For instance, some individuals believe police have to read you your rights. If they do not, whatever you say cannot be used against you in court. Some drivers believe that a Miranda warning is required to make any DUI charge valid.
The following are explanations of how Miranda rights influence a DUI case.
A Miranda warning is also called a Miranda rule or Miranda rights. It is a warning given to any suspect in police custody. The warning is meant to protect the individual from incriminating him or herself under the U.S. Constitution's Fifth Amendment. The warning was established in the Supreme Court decision of Miranda v. Arizona 384 U.S.436 (1966).
Basically, the Court held that any statements made while a suspect was interrogated by police are only admissible at trial under one condition. The suspect must have been informed of his rights and understood that he or she had a right to say nothing as well as a right to consult a lawyer.
It may sound the same on various television shows. However, the exact Miranda warning varies in each jurisdiction. The basic outline of Miranda rights include the following wording:
You have the right to remain silent. Anything you say to the police can and will be used against you in court. You have the right to consult a lawyer. If you cannot afford lawyer, one will be provided for you free of charge.
• California and few other states have added a statement similar to the one below:
• Do you understand the rights as I (the police officer) have read them to you? Knowing these rights, do you wish to talk with me?
A DUI Case and the Miranda Warning
When a driver is accused of DUI, police must read him or her the Miranda warning when taken into police custody and before being interrogated. To be “interrogated” means that you were formally questioned after your arrest. The warning will not be read to you if you are not in police custody or interrogated. This means that you are not protected against making any statements that may incriminate you. Under two circumstances your statements may be inadmissible if you were not read your Miranda rights:
• You were in police custody; and
• You were interrogated by police.
The law becomes tricky under some circumstances. For instance, the police arrested you, but did not interrogate you. During your time in police custody, you made some incriminating statements that could be used against you in court. It may not matter that you were not read your Miranda rights. The court may look at the statements as something made during a causal conversation with police. Therefore, the statements can be used against you.
If you are concerned that you Miranda rights may have been violated, call the Law Offices of Jonathan Franklin today. We provide free consultations to discuss your case and its possible defenses.