Fresno DUI's and Miranda Rights in DUI Cases

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.

Posted on
March 16, 2015
in
Fresno Drunk Driving Posts
category
DUI and Miranda warnings, DUI laws and Miranda, Fresno Police and Miranda, Miranda, Miranda in Fresno, Miranda v. Arizona, Miranda

How Much Does a Fresno DUI Really Cost?

DUI, traffic, and criminal cases are expensive, but with an experienced criminal defender you can save some cash.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
July 23, 2015
If you are charged with a DUI in Fresno, it is important to know the fines and fees that you will be required to pay if you are arrested and convicted. By contacting a dedicated DUI lawyer, you may be able to save money. Find out!

Facing Underage DUI Charges in Fresno County

Fresno underage drinking and DUI are prosecuted harshly so get an experienced criminal defense attorney to defend you in Fresno.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
April 2, 2015
Underage drinking and driving is prosecuted fully by the Fresno District Attorney. Being arrested for underage drinking or DUI, you must understand the criminal charges against you in order to fight against the conviction.

I did not go to jail, does that mean I am not facing a DUI?

Driving under the influence charges in Fresno do not always result in you being booked in Fresno County Jail - see a lawyer immediately.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 17, 2015
Were you recently cited for DUI, but the Fresno police failed to arrest you? If so, you are not alone. Many people arrested for suspicion of drunk driving are not taken to the jail for many reasons. Find out if this is legal.

Graduation Day 2015: Avoid DUI Arrests

Talk to a Fresno DUI lawyer if you are charged with drinking and driving in Fresno after a graduation event.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 28, 2015
Congratulations, Graduates. We would like to tell you how proud we are of you for your hard work. We also want to caution you on not drinking and driving because it can damage your future if you do not take our advice.

Motions to Suppress in Criminal Cases in Fresno

Illegal detentions, searches and seizures are serious and without a criminal attorney, it is difficult to win a suppression motion.
DUI
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
March 6, 2015
Motion to suppress hearings are a way to show the police illegally searched or seized evidence illegally. Make sure you understand what these motions are and how to use them when you are facing criminal charges.

Cellphone Location Data and Privacy in Fresno

Cell phone criminal lawyers Fresno will help you with illegal search and seizures. Need experienced advice in criminal prosecutions.
Criminal
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
January 16, 2016
Should officers be able to search your phone in Fresno? What rights do you have when it comes to your phone? Find out if your phone is subject to being searched by law enforcement and what can you do to protect your privacy.

Latest and Strangest DUI and Criminal Law News

See what is in the news today with these stories. Fresno defense lawyer will fight your criminal and traffic case in Fresno.
Our Firm
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
August 19, 2015
Need a little humor in your life? If so, you do not want to miss out on the latest and strangest stories out there today. Learn from these guys so you do not find yourself in the same situation and facing criminal charges in court.

Who Let the Dogs Out? National Dog Day!

Dogs are the best, especially on National Dog Day, even when I am reading the law books at Tina Barberi's law firm
Our Firm
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
August 26, 2015
Hooray, today is National Dog Day! We love our four-legged friends and want to show our special thanks for the love they always give us. Meet our best friends and then tell your special pooch how much they mean to you as well.

Contacting DMV Driver's after a DUI Arrest in Fresno

A Fresno DUI lawyer will help you obtain a DMV hearing and fight for your driver's license and appear in court for you.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 1, 2015
DMV must be contacted within 10 days from the date of your DUI arrest or you will lose your license. Read this post for a few quick tips that will help you avoid a suspended license and help you prepare for your DMV hearing.

I am Innocent! Why Should I Hire a Criminal Attorney?

If you need help with your criminal case, find experienced criminal lawyer Fresno area. We make sure you get the help you need.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
August 12, 2015
If you are facing criminal charges, it is difficult to know what your attorney is required to do for you. Learn what your constitutional rights are in order to obtain the best possible lawyer that can help you with your defense.

Making the Right Decision Under Proposition 47

Locked up for life without Prop 47? Before you apply for relief, make sure you a criminal lawyer that understands Prop 47.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 23, 2015
Proposition 47 is a great for so many citizens in California, but how do you know if you qualify for it? The best way to know for sure is to read this summary so you can check if you can get Prop 47 relief in Fresno County.

Hiring the Right Drunk Driving Lawyer in Fresno

Deciding on the right DUI lawyer is difficult after a DUI arrest. You need an experienced lawyer to fight your case and protect your rights.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 25, 2015
When you are charged with a crime, you do not know where to turn or who you can trust. Finding the attorney that is a perfect match for you is where you need to start. See these helpful tips to locate the best attorney for you.

You Might Also Like