If you’ve seen an episode of COPS or any procedural police show, you’re probably familiar with Miranda rights. You might know them by heart: “You have the right to remain silent. Anything you say can and will be used against you in a court of law,” etc. Some people are under the false impression that police are required to read you your Miranda rights during an arrest.
Actually, police do not have to read your Miranda rights, even when you are arrested for DUI. Often, police already have all of the evidence they need to take a drunk driver into custody. For example, you might fail a field sobriety test or breathalyzer exam; these take place before an officer would normally be required to read you your rights.
If you are in police custody and the police intend to question you about a crime, that is when they are required by law to inform you of your Miranda rights. If the police fail to do so, anything you say will likely be inadmissible in court and all evidence they obtain as a result of interrogation will probably also be inadmissible.
If you have been arrested for DUI and were not read your Miranda rights, you should bring it up with a drunk driving attorney. While in many cases a lack of Miranda warnings will not drastically affect the outcome of a DUI case, there is still a chance that evidence against you could be thrown out, resulting in a lesser sentence.
Thomas Law Firm – Denver Drunk Driving Lawyers