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

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.

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!

Combination for Disaster: Prescription Drugs and Driving

Medical DUI cases need experienced drug driving lawyer in Fresno.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
July 30, 2015
If you are taking prescription drugs, read this before attempting to drive so you understand the dangers your medication may have on your driving. Even without drinking, you could face a DUI charge and a jail sentence.

Avoid a DUI Conviction on Cinco de Mayo!

DUIs for Cinco de Mayo Fresno is very common because Fresno police target drunk drivers to arrest you when you do not have a lawyer.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 5, 2015
Fresno police will be patrolling heavily on Cinco De Mayo, so read these quick tips to avoid being arrested and accused of a DUI. See why police use this holiday as a major source of revenue and how you can stop them.

Saving Lives: Protecting Patients with Marijuana

Drug and marijuana cases can be fought when you have the right criminal law attorney in Fresno. Free consult to discuss your case.
Criminal
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
October 6, 2015
Questions on medical marijuana in the state of California? See what the problems with production and transportation of medical marijuana in the state and see what you can do to protect yourself as a user and patient.

Celebrate Your Boss on National Boss Day!

Traffic lawyer in Fresno is the best Boss and attorney. Tina Barberi will make sure you get great service for your DUI case.
Our Firm
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
October 16, 2015
National Boss Day is a special day to tell your boss how much they mean to you. For Tina, we decided to surprise her with a blog because she has been working so hard on her website and we hope she will enjoy it.

4th of July – Don’t Go Out With A BANG!

Drinking and fireworks do not go together when you drive. A Fresno DUI lawyer with a great record for success can help you.
Our Firm
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
July 2, 2015
Do not let the firecrackers blow up in your face by drinking and driving on the 4th of July. Police are out to arrest drunk drivers so check out our tips to have a safe and sane holiday this year in order to stay out of jail.

Happy Halloween! The Scary Truth of Halloween DUIs

Do not drink and drive on Halloween. If you are arrested and face DUI or criminal charges, get a DUI attorney in Fresno.
Our Firm
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
October 30, 2015
The scariest trick you can receive is winding up in jail on Halloween. If you are preparing to drink on our scariest day of the year, take these tips to heart before getting in your car. We can show you how to avoid a DUI arrest.

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.

Disclose Criminal Convictions in California Schools

Teachers may be required certain criminal and DUI charges they entered a plea to, so call a lawyer to fight the charges.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 18, 2015
If you want to obtain employment in a school in California, make sure you know how to answer the questions regarding your criminal record. Find out just what is required to be disclosed when you apply for jobs in Fresno.

Plea Agreements in Fresno? Avoid the Pitfalls.

How to plea bargain so you get the best deal possible for your criminal case. Best DUI and criminal lawyers know how to beat criminal charges.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 25, 2016
Plea bargaining is commonly used in the Fresno criminal courts by district attorneys and lawyers, but how do you know if it is right for you? If you have ever wondered why plea bargaining is used, do not miss out on this post.

Teens Prosecuted for Having Their Own Nude Photos!

Selfies can get you in trouble with the government and you can be prosecuted for felony or misdemeanor charges.
Our Firm
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
September 21, 2015
Minors rights are being infringed upon by state officials. Read why the courts can impose moral or ethical beliefs that are not consistent with other laws. See how the government is failing to protect our minor children from itself.

You Might Also Like