California DUI Defense & "Miranda Rights" Violations
People shouldn't base their understanding of "Miranda Rights" violations on depictions in film and TV... understanding how they really work will serve them much, much better.
In our Los Angeles DUI Lawyers' view, these are basic questions and answers every citizen should understand about California DUI Defense and Miranda Rights.
Q: What are Miranda Rights?
A: Miranda Rights are specific constitutional guarantees afforded criminal suspects taken into custody (arrested) that must be satisfied before law enforcement can interrogate or question them. They include (1) the right to remain silent; (2) the right to have a lawyer present during questioning; and (3) the right to be advised of these rights prior to consenting to questioning. They stem from on the 5th Amendment right to be free from self-incrimination.
Q: Don't the police have to read me my Miranda Rights the moment they arrest me?
A: No, they don't. They don't have read you your rights (also called being "Mirandized") until they intend to ask you questions with a reasonable likelihood to elicit incriminating responses. That's when Miranda Rights "kick in."
Q: What do the police have to do when Miranda Rights kick in?
A: The police then have to read a suspect in custody the "Miranda Warning" ("You have the right to remain silent...") and comply with the suspect's wishes. That means the police must cease questioning if the suspect asserts the right to remain silent or to an attorney. Even if the suspect consents to questioning, though, the police must be able to demonstrate that the consent was knowing, intelligent, and voluntary, which is usually done by signing a waiver.
Q: What happens if the police violate someone's Miranda Rights?
A: If the police fail to read a suspect in custody his rights before questioning him, or if they fail to honor his right to remain silent or have a lawyer present, then none of the statements the suspect subsequently makes can be admissible in court.
Q: Do I only have the right to remain silent after the police arrest me?
A: Our Los Angeles DUI Lawyers explain that this is a common misunderstanding, particularly with regard to California DUI defense and Miranda Rights. People should understand that they have the right to remain silent in response to the police at all times. Miranda Rights simply serve to remind suspects in custody of this right when they are most vulnerable.
Q: So if a police officer pulls me over and asks me if I have been drinking, I don't have to answer?
A: Correct. This brings up an important point regarding California DUI Defense and Miranda Rights. The first part of a DUI case is the "DUI Investigation." All this means is that the officer has pulled you out of traffic and is looking to discover evidence of intoxication. Many times police officers will ask "Do you know why I pulled you over, ma'am?"... "have you been drinking tonight?"... or "are you coming from a bar?"
You do not have to answer these or any other questions in a DUI investigation. And you probably should not answer them. The best thing to do is politely state you have been advised not to reply and wish to remain silent.
Be aware, however, that during a DUI investigation you are not yet under arrest. Therefore the officer does not have to "Mirandize" you and is allowed to continue to try to get you to answer his questions even after you assert your right to remain silent. Furthermore, the officer is likely to use the threat of arrest to do so.
Q: Isn't refusing to answer a police officer going to make him mad and arrest me?
A: This brings up another very important point regarding California DUI Defense and Miranda Rights. Refusing to answer an officer's questions may make him angry or suspicious, but remaining silent cannot be used against you as evidence and it cannot be used as the basis of an arrest.
In most cases, our Los Angeles DUI Lawyers find that remaining silent, even under threat of arrest, is be the best course of action because (a) the officer is likely to arrest someone for DUI regardless of how he or she answers the officer's questions and (b) remaining silent ensures that no statements can be used against you.
Q: If the officer arrests me for DUI and then questions me without reading me my Miranda Rights, does the whole case get thrown out?
A: Not necessarily. This is a common misconception regarding California DUI Defense and Miranda Rights. After the officer has placed handcuffs on you or put you in the patrol car, you are under arrest and any questioning will be considered a "DUI Interrogation." If the officer then questions you about drinking and driving (or any other potential crime) without reading you the "Miranda Warning," the any statements you make thereafter will be inadmissible in court.
However, any evidence of your driving pattern, physical appearance, and field sobriety test you may have taken will remain admissible because they were not obtained in violation of your rights.
Questions surrounding DUI Investigations, DUI Interrogations, and California DUI defense and Miranda Rights can be complicated. Many situations create odd combinations of admissible and inadmissible statements. Consulting with an experienced Los Angeles DUI Lawyer will sort out what someone can expect to happen in court.