The Right To Remain Silent During A DUI Stop

On behalf of Michael A. Gottlieb, P.A. posted in drunk driving on Monday, December 24, 2018.

Most people are aware of the Miranda warning. When the police arrest someone, they typically inform them of their Miranda rights, which includes the right to remain silent.

In the event the police pull you over on suspicion of DUI, you need to know what you can and cannot say. You need to separate fact from fiction to protect your rights.

What happens when the police do not read you your Miranda rights?

On television shows, when a police officer fails to read someone their Miranda rights immediately following an arrest, the person’s case often gets thrown out. This is not what actually happens, however. The police only need to read you your Miranda rights before they question you when you are in custody and being interrogated. During this time, the police must inform you of your 5th Amendment right that you do not have to make any self-incriminating statements about yourself.  

Miranda rights include four statements:

  • You have the right to remain silent.
  • Anything you say can 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.

If the police do not tell you these things, your case can still proceed. The difference is that any statements you made prior to getting the Miranda warning cannot be used as evidence. The police may still be able to use other pieces of evidence to build a case against you, however, and you can still end up in jail.

What can you do after receiving the warning?

After the police read you your rights, you can opt to remain silent. At this point, the police must stop the questioning until you have your attorney present. The police can only resume questioning when the lawyer communicates that it is now acceptable.

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