Legal News

What Happens if the Police Didn’t Read Me My Miranda Rights During My DUI Arrest?

One of the most common questions people ask about after being arrested is about their Miranda rights. This can be even more confusing after a DUI arrest, because in those cases the officers usually do not even bother with reading them.

What Are Miranda Rights?

Miranda rights are a series of warnings that police officers may give you during an arrest. In the most common form the officer will likely advise you of the following:

  1. You have the right to remain silent,
  2. Anything you say can and will be used against you in a court of law,
  3. You have the right to an attorney,
  4. If you cannot afford an attorney, one will be provided for you.

Miranda rights are based on your 5th Amendment constitutional right against self-incrimination and your 6th Amendment constitutional right to counsel. In the landmark United States Supreme Court decision Miranda v. Arizona (1966) 384 U.S. 436, the Supreme Court held that incriminating statements made after a person is in police custody cannot be used against him unless he was informed of rights against incrimination and to counsel beforehand.

When Does A Police Officer Have to Read My Miranda Rights?

Technically, a police officer never has to read you your Miranda rights. However, your Miranda rights kick-in when:

  1. You are in custody/under arrest, and
  2. Subject to an interrogation.

If the police ask you any incriminating questions after your arrest, without first giving your Miranda warning, and you answer, those statements cannot be used against you in court.

How Does This Apply to A DUI Case?

In DUI cases, police officers usually ask all of their incriminating questions before you are in custody. For example, after an officer pulls you over and begins a DUI investigation, he will usually ask you several incriminating questions including where you are coming from, if you had anything to drink, etc.

Even though you may feel you are in custody while you are pulled over and subjected to field sobriety tests, the Supreme Court, with confusing rational, held that being subject to a police investigation is different from being in police custody and not subject to Miranda. Therefore the questions asked during your DUI investigation are not subject to Miranda.

So, by the time the officer arrests you and your Miranda rights kick-in, the officers usually don’t need anymore information from you, and do not ask you any further questions. Consequently, whether or not an officer read you your Miranda rights is usually a non-issue in DUI cases.

Are Their Any Protections Against Incriminating Police Questions Before My Arrest?

Yes! Regardless of your Miranda rights, you ALWAYS have your 5th Amendment right against self-incrimination and 6th Amendment right to an attorney. Once you invoke these rights, the police officer can no longer ask you any incriminating statements regardless of whether he has just pulled you over or is booking you in the station.

5,325 thoughts on “What Happens if the Police Didn’t Read Me My Miranda Rights During My DUI Arrest?

  1. Howdy are uusing WordPress for your site platform?
    I’m new to the blolg world but I’m trying to get started and set up
    my own. Do you require any html coding expertise to make your own blog?
    Any help woulkd bbe really appreciated!

    Also visit my homepage: sultangazi escort

  2. I do consider all of tthe ideas you have offered for your post.
    They’re very convincing and will certainly work.

    Nonetheless, the posts are too quick for starters. May you please
    prolong them a bit from next time? Thank you for thhe
    post.

    my weeb site: eşya depolama

  3. I am curious to find out whatt blog platform you are using?
    I’m experiencing some mionor security problems with myy latest website and I’d like to find ssomething more safe.
    Do you have anyy suggestions?

    Check out my blo post – puff bar

  4. Yesterday, while I was at work, my sister stole my applee ipad and tested
    to see if it can survive a 25 foot drop, just so
    she can be a youtube sensation. My iPad is now destroyed and she has 83 views.
    I know this is totally off topc but I had to share
    it with someone!

    my pagee – haber cnn

  5. Heya this iis somewha of off topic but I was wanting to know iff blogs use
    WYSIWYG editors orr if you have to manually codfe
    with HTML. I’m staring a blog soon but have no coding know-how
    so I wanted to get advice rom someone with experience.
    Any help would be greatly appreciated!

    My web blog :: real address

  6. What i don’t realize is actually how yyou are not actually much
    more smartly-favored than you mght be riht now.
    You aree very intelligent. You recognize thus coonsiderably in terms of this subject, made me personally consider it from a lot of varied
    angles. Its like men and women aren’t fascinateed until
    it is one thing to do with Lady gaga! Your personal stfuffs nice.
    Always maintain it up!

    Check out my blog – poliüretan enjeksiyon

  7. Very nice post. I simply stumblked upon your blog and wished
    to say that I’ve truly enjoyed surfing around your weblog posts.
    In any case I will bee subscribing for your feed and I’m hoping you write
    again very soon!

    Feel free too visit my blog: online okey oyna

  8. I like the helpful information you supply
    to your articles. I will bookmark your weblog and test once more right here
    regularly. I’m moderately certain I’ll be told many new stuff proper here!
    Best of luck for the following!

    Also visit my web site; e portal fatura

  9. Heloo there, I discovered your website by way of Google att the same tume as looking for a comparable subject, your web site got here up, it appears to be like great.
    I’ve bookmarked it in my google bookmarks.

    Hi there, simply changed into alert to your weblog through Google, and located that it’s
    really informative. I’m gonna watch out for brussels.

    I’ll appreciate should you proceed this in future.
    A lot of other folks can be benefited from your writing.
    Cheers!

    my site Bodrum Voyage Torba Lüks Yat Kiralama

  10. Hi, i read your blog from time too time and i own a similar one andd i was
    just wondering if you get a lot of spam remarks?
    If so how do you stop it, any plugin or anything you
    can advise? I get so much lately it’s driving me crazy so any help is very
    much appreciated.

    Feel free to visit my blog post: organik yumurta

  11. Heyya are using WordPress for your site platform? I’m nnew tto the blog world but I’m trying to get started and create my own. Do you need aany coding knowledge to make your own blog?

    Any help would be really appreciated!

    Here is my blog post … Beşiktaş escort

  12. whoah this blog is great i like studying your posts. Stay up the good
    work! Yoou alreeady know, a lot of people are hunting round for this info, you can aid them greatly.

    My web-site :: Dornbracht

  13. I am now not sure where you are getting your info, however great topic.
    I must spend a while learning much more or figuring out more.
    Thanks for great information I was looking for this information for myy
    mission.

    Feell free to vieit my web-site- stor perde yıkama

  14. Amazing! This blokg looks exactly liike my old one!
    It’s on a completely different subject but it has pretty much
    the same age lasyout and design. Supeerb choice of colors!

    Also visit my blog post … Alanya Escort

  15. Wow that was strange. I just wrote an very
    long comment but after I clicked submit my comment didn’t show up.
    Grrrr… well I’m not writing all that over again. Anyways, just wanted to
    say wonderful blog!

    Here is my website: streetwear

  16. Thanks for the auspicious writeup. It if truth be told used tto be
    a enjoyment account it. Glance complex to far introuced agreeable from you!
    By thee way, how can we be in contact?

    My website; Bedava Sohbet

  17. Good day! I could have sworn I’ve been to this website before
    but after checking through soje of the post I realized it’s new to me.
    Anyways, I’m definitely delighted I found it and I’ll be book-marking and checking back
    often!

    Also visit my website – matterport

  18. I used tto be suggested this web site by means of my cousin. I’m now not
    sure whether or noot this put upp is written via him as no one else recognise such precise
    approximately my problem. You are wonderful! Thank you!

    My website; Forma Tasarla

  19. I have been shrfing online more than 3 hours today, yet I never
    found aany interedting article like yours. It is pretty worth enough
    for me. In my view, if aall website owners and bloggers made good content as you did, the web will be a lot more useful thn ever before.

    Feel free tto surf to my webpage :: Antalya tours

  20. Hello! I understand this is somewhat off-topic but I had to ask.
    Does managing a well-established website such as youurs
    require a large amount of work? I’m completely new too writing a blog however I do write in my diary every
    day. I’d like to start a blog so I will be able to shaqre
    my personal experience and thoughts online. Please
    let me know if you have any ideas or tips for new aspiring blog owners.
    Thankyou!

    my web-site batıkent halı yıkama fiyatları

  21. I was suggested this web site by my cousin. I’m not sure whether this post is written by him as nobody else know
    such detailed about my difficulty. You are incredible!
    Thanks!

    Here is my site: wac 2022

  22. Wonderful work! This is the kind of info that should be shared around
    the web. Shame on the seek engines for now not positioning
    thos put up higher! Come on over and consuot with my site .
    Thanks =)

    Feel free to surf to my blog post; Sohbet Odaları

  23. Hey I am so thrilled I found your webpage, I really found you by
    mistake, while I was looking on Yahoo for something else, Nonetheless I am here now and would just like
    to say thanks for a remarkable post and a all round exciting blog (I
    also love the theme/design), I don’t have timee to browse itt all at the moment
    bbut I have saved it and also inbcluded yor RSS feeds, soo when I
    have time I will be back to read much more, Please do keep up thhe superb work.

    My weeb blog Diving Antalya

  24. The other day, while I was at work, my sister stole my iPad and tested to see if it can survgive a 25 foot drop,
    just so she can be a youtube sensation. My iPad is now broken and she has 83 views.
    I know this is completely off topic but I had to share it with someone!

    Feel free to surf to my blog :: saklimdasin

  25. Hello Dear, are you genuinely visiting this web site daily, if so then you will definitely get pleasant knowledge. Hyman Thuringer

  26. Wonderful goods from you, man. I havbe understand
    your stuff previous to and youu are just extremely magnificent.

    I really like what you’ve acquired here, really like what you’re stating and the way in which you
    say it. You make itt entertaining and you still take care of to
    keep it smart. I cant wait to read far more from you.

    This is actually a wonderful website.

    Also visit my blog; Marmaris vip transfers

  27. Hello! This iss my 1st comment here so I just wanted to give a quick shout out andd
    tell you I really enjoy reading through your articles.
    Can you recommend any other blogs/websites/forums that cover thee same
    topics? Thank you so much!

    Visit my web site – Ucuz Forma

  28. I’m impressed, I have to admit. Seldom do I encounter a blog that’s equally educative and
    entertaining, and without a doubt, you’ve hit the nail oon the head.
    The problem is an issue that not enough folks are speakinng intelligently
    about. Now i’m very happy I stumbled acrosss this during my hunt
    foor somethiing relating to this.

    Check out my blog; çankaya halı yıkama fiyatları

  29. I think what you said made a ton of sense. But, what
    about this? what if youu added a little content? I am not suggesting your ontent is not solid., however whnat if you
    added a title that maakes people desirre more? I ean What Happens if
    tthe Police Didn’t Reead Me My Miranda Rights During My DUI Arrest?
    – Kevin Fard – Attorney at Law is a little boring.
    You might peek at Yahoo’s home page and see how they create post headlines
    too get viewers interested. You might add a video or a
    picture oor two to gett people interested abouut everything’ve written. Jusst my opinion, it would bring your weebsite a little livelier.

    my web site: Mobil ödeme nakite çevirme

  30. Howdy! This post could not bbe written much better!
    Going through this article reminds me of my previous roommate!
    He always kept talking abouyt this. I mmost certainly
    will send this article to him. Pretty surfe he will have
    a great read. Many thanks for sharing!

    My homepage; Kozmik enerji eğitimi

  31. I have recently started a site, the information you provide on this web site has helped me tremendously. Thank you for all of your time & work. Hoyt Derryberry

  32. Somkeone necessarily help to make severely postss I would state.
    That is thee very first time I frequented your web page
    and thus far? I surprised with the research yyou made tto make this actual put up extraordinary.
    Fantastic task!

    Here is my web bloog :: Karşıyaka escort

  33. Hey, I think your site might be having browser compatibility
    issues. When I look at your blog site in Ie, it looks fine but when opening in Internett Explorer, it haas some overlapping.
    I just wznted to give yyou a quick hears up! Other then that, awesome blog!

    my webpage – bütüncül psikoterapi

  34. If you will need quick cash and your situation prevents you from dealing with long-term lenders, think about obtaining a payday advance. Lindsay Kosiba

  35. I am really happy to read this webpage posts which consists of lots of helpful facts, thanks for providing such data. Wallace Ellenberger

  36. Howdy! This is my first visit to your blog! We are a
    group of volunteers and starting a new initiativee in a community in the saame niche.
    Your blog provided us valuaable information to work on. You have done a marvellous job!

    My web site; Boat Trip Antalya

  37. Hey! I could have sworn I’ve been to this website before but after browsing through
    some of the post I realized it’s new to me.
    Nonetheless, I’m definitely happy I found it and I’ll be book-marking and checking back frequently!

    Look aat my web pagye ELF BAR

  38. Bu konu hakkında bilgi vermeniz çok güzel. Genellikle türkçe içerikler az oluyor fakat böyle güzel içerikler görmek ve okumak çok zevkli.

  39. Heyaa this is kind of of off topic but I was wanting to
    know if blogs use WYSIWYG editors or if you have to manually code wiith HTML.
    I’m startging a blog soon but hafe no codcing skills so I wanted to
    get advice from slmeone with experience. Any help would
    be enormously appreciated!

    Also visit my web-site hurdacı

  40. Steroid sipariş ederek kaslarınızın daha güçlü bir yapıya sahip olmasını ister misiniz? O halde yapmanız gereken oldukça basit! Size özel paketlerimizden bir tanesini satın almanız durumunda en kaliteli sonuçları elde etme imkanına sahip olabileceksiniz.

  41. When someone writes an piece of writing he/she retains the thought of a user in his/her brain that how a user can be aware of it. Quinn Bowersock

  42. Heya i’m for the primary tiime here. I came across this board
    and I to find It really helpfl & it helped me out a lot. I am hoping to give one thing back and
    aid others such as you aided me.

    Feel free to surf to my web site; Çanakkale Ambar

  43. Congratulations, a successful article work. Steroid satın al ve hormonlarını kullanarak güçlü bir vücuda sahip ol! Spor yaptıktan sonra kas onarımının desteklenmesi için steroide ihtiyaç duyduğunuzu biliyor muydunuz?