DUI | No Miranda Rights

Driving under the influence (DUI) is a serious offense in California, carrying significant legal consequences. After being arrested for a DUI, understanding one’s rights, particularly the Miranda warning, can be critical in building a solid defense. Many individuals mistakenly believe that a failure to read Miranda rights at the time of arrest will automatically result in the dismissal of charges. However, California law paints a more complex picture.

Police Didn’t Read Rights 

People accused of DUIs enjoy constitutional protections that include prohibitions of use of statements made by an accused under certain circumstances.  DUI investigations are complex and demand close attention to detail.  Having an experienced attorney comb through the evidence in a case can be the difference between a conviction and an acquittal.

What are Miranda Rights?

When persons expect their “rights to be read to them,” these rights are procedural safeguards involving the Fifth and Sixth Amendment of the United States Constitution. The Fifth Amendment protects the right to remain silent and not incriminate oneself. The Sixth Amendment protects the right to have an attorney present during questioning.  “Reading my rights” refers to a series of rights developed by the United States Supreme Court in a number of cases, the most famous one being the 1966 Supreme Court case, Miranda v. Arizona.  The Miranda warning involved a suspect interrogated for hours without being informed of his rights. The court ruled that the suspect’s confession should not have been used as evidence because he was not informed of his rights before being questioned.

When are Police Required to Read Rights 

Police are not always required to advise an arrestee of the Miranda warnings. The Miranda warnings must be read when a driver is under arrest and police are subjecting the driver to questions that can incriminate him or her. Often police skirt their duty to advise a driver by questioning the driver at the scene of the stop before an arrest is made.  Police direct incriminating questions to the driver such as.

How much did you drink?
What did you drink?
When did you last drink?
Did you feel the effects of the alcohol?
On a scale of one to ten, how impaired did you feel?

Police are clearly gathering information that they intend to use against the driver.  So, are Police then required to advise the driver of his/her rights?

Not at the scene of the stop before arresting the driver.

After a driver is stopped and when police launch into a DUI investigation, that time is typically labeled a “detention,” when a person is not free to leave but not yet under arrest.  As such, because the driver is not yet arrested, police questioning is typically not subject to Miranda rights being read.

The warnings are:

“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, you are entitled to an attorney at no cost to you”

Police don’t need to recite the Miranda warning verbatim.  But they do need to provide them in a way that is substantially correct.

If the police fail to provide Miranda warnings before an interrogation after arrest, any incriminating statements made during the questioning could potentially be excluded from evidence. However, this does not necessarily mean the entire case will be dismissed, as prosecutors may still rely on other evidence, such as breathalyzer or blood test results.

Legal Challenges and Defense Strategies

Mark Blair has over 39 years of DUI experience and has handled thousands of cases.  Mark will assist his clients by:

Obtaining the police reports
Reviewing any statements made by his clients
Determining if the statements made were incriminating
Documenting when incriminating statements were made
Challenging any incriminating statements made in the absence of Miranda warnings
Attempting to exclude any incriminating statements made without Miranda warnings

Mark Blair  is an experienced DUI attorney and can examine the evidence to determine if any rights were violated and to challenge the use of improperly obtained statements.

Why Choose the Law Office of Mark Blair | Bay Area DUI Law?

Mark Blair is a respected attorney specializing in DUI defense across the Bay Area. His track record of successfully defending clients speaks to his commitment to protecting the rights of individuals accused of DUI. From first-time offenders to those facing repeat charges, Attorney Blair provides compassionate yet aggressive representation.

With a deep understanding of California DUI laws and procedural nuances, Attorney Blair ensures that no detail is overlooked in your defense. His focus on personalized legal strategies and dedication to achieving favorable outcomes makes him an invaluable ally during a challenging time.