Everyone knows the saying: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?

But did you know there is an exception to the Miranda rights when it comes to DUI investigations.  In DUI investigations, the reading of Miranda rights has been diluted and now it plays very small role in DUI prosecutions. If a motorist who has been detained because of a traffic stop and is subject to a DUI investigation, he is not entitled to the Miranda protections until he is placed "in custody".   As a result, law enforcement does not have to read DUI suspects their rights, unlike other criminal arrests.  If officers question the suspect in the field, the courts are unlikely to find that the officer is required to give the warnings until the person is in route to the police station or actually at the jail or police station.

Therefore, if you are suspected of driving under the influence, remain silent.  Although the law on Miranda has been watered down so much it may feel that a suspect does not have any rights under the Constitution, it does not mean that a person suspected of a crime must feel obliged to talk to the officer.

Have questions? We have answers. Call us today to discuss your case and see if Miranda applies in your case.