A Miranda warning (more commonly known as Miranda rights) is a right to silence given by police to a suspect during criminal proceedings. Miranda rights allow you to invoke your 5th amendment right to avoid accidentally incriminating yourself by making statements that can be used against you later in a court of law. While most people are familiar with the basic concept of what a Miranda warning is, many don’t realize when these warnings protect them during a DUI stop. Watch the video below to learn about a few common misconceptions regarding Miranda Rights, then continue reading below for deeper insight into the subject.
Some drivers believe that they can avoid a DUI charge if the police officer who arrested them didn’t first give them a Miranda warning when they’re pulled over. While drunk driving attorneys in Montgomery County, PA know that police officers may fail to read suspects their rights after arrest, the reading of Miranda rights isn’t required until after you’re arrested.
When a police officer pulls you over, he or she may ask you questions to determine whether you’re impaired or not. Though you are under no obligation to answer these questions, the officer isn’t legally required to read you your Miranda rights until an arrest has been made. The officer must inform you when you are under arrest, and the officer may arrest you for failing to comply with questioning if he or she believes that you are driving under the influence of drugs or alcohol.
Additionally, Miranda rights violations only apply to statements. Even if your Miranda rights are violated after arrest, other evidence that you may have been driving while intoxicated may come up in court proceedings. Examples of this type of evidence can include failure to pass a roadside sobriety test, the presence of alcohol or drugs in your system while on the road, and poor driving. In conclusion, a Miranda rights violation may weaken the state’s case against you, but you shouldn’t count on this violation to clear all of your charges.
If you’ve been arrested for a DUI, having an experienced drunk driving attorney in Bucks County, PA on your team is essential for navigating your case. If you need representation or assistance deciding on the next best steps for your case, contact the team at Kalikhman & Rayz, LLC today.