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

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.

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.

Fresno DUI Laws-What is Your Blood Alcohol Level?

Blood alcohol levels depend on what you drank and ate before your arrest so call a DUI lawyer in Fresno to find out your BAC.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 14, 2015
Determining the blood alcohol level in your system at the time of driving is key to a DUI case. Here is how to determine if you have a valid defense for your DUI case, including how to calculate alcohol levels in DUI cases.

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!

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.

Speedy Trial Violations: Dismissals are Possible

Fresno courts must dismiss the case against you even if you are guilty when your rights are violated in Fresno with the right attorney.
Criminal
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
April 18, 2016
The government is required to prosecute you within a reasonable period of time, and when there is a violation of a speedy trial right, it is serious. See if your case should be dismissed when the district attorney violates the law.

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.

Don't Press Your Luck This Saint Patrick's Day!

Drunk driving on March 17 is dangerous and you will likely be arrested if you are pulled over by Fresno police officers.
DUI
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
March 16, 2015
Have some green beer and relax this Saint Patrick's Day. There is no need to drive this year. Check out this new app that will keep you save as well as out of jail. With this app, you can count your lucky stars by not driving.

DUIs and DMV Help: Save My Driver's License!

DMV hearings are complicated and without an attorney, you can lose your license for a long time. Call an experienced DUI lawyer today.
Traffic
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
September 16, 2015
Have you been arrested for a DUI lately? If so, read this important information regarding DMV hearings and how they are separate from your criminal court matter. Contacting DMV to request a DMV hearing can help you - see how.

Bailing out of the Fresno County Jail

A Fresno lawyer is able to help you understand the bailing out process in Fresno and get a bail bonds company of you.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
April 2, 2015
What is bail and why do I need it? Learn the ins and outs of bail and how to stay out of jail in Fresno. When facing criminal charges, it is important to know what your rights are concerning bail and whether you should use it.

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.

Make Your Mother Proud, Don’t Drink and Drive

Alcohol related DUI cases can result in jail in Fresno County. Make sure to defend your criminal charges with Fresno lawyer.
Our Firm
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 4, 2015
If you want to give your mother a present this mother's day, do her a favor and do not drink and drive. See what it takes to avoid jail and a conviction on your record. Your mother loves you, so make sure to make her proud.

You Might Also Like