Miranda Rights and Your DUI Defense

Sep 15, 2015 — by James E. Novak Attorney PLLC
Tags: Dui Criminal Law

Police officer making an arrest“You have the right to remain silent.” This statement is perhaps the most well known of the Miranda Rights, a set of principles designed to protect those under police custody. The Miranda Rights are a vital component of our legal system. They can protect innocent people from unwittingly making a statement that would be incriminating in court. When it comes to a DUI arrest, the Miranda Rights can be a bit tricky. If you were arrested and you did not have your rights read, your charge may be invalid. However, police are only required to read Miranda rights in some cases. Attorney Novak is familiar with the intricacies of these laws. He will determine whether your rights were violated. If you have a viable DUI defense, he will work to have your charges dropped or lowered. To learn more about DUI arrests and Miranda Rights, contact our Phoenix practice today.

What Are Miranda Rights?

The Supreme Court established Miranda Rights in 1966 following the landmark case Miranda vs. Arizona. There are four basic Miranda Rights:

  • You have the right to remain silent.
  • Anything you say can be used in court against you.
  • You have the right to an attorney who can be present when you are questioned.
  • If you cannot afford an attorney, the state will appoint one for you.

Requirements for Miranda Rights

These rights can protect you if you say something incriminating in a stressful situation. However, although the Miranda Rights are fairly wide reaching, they do have some limitations. Police must read suspects their rights, but only when two conditions are met:

  1. A suspect is under custody (i.e. arrested)
  2. A suspect is about to be questioned

In other words, anything a suspect says prior to an arrest can be used as evidence in court. In DUI cases, this can be particularly tricky. Often, police have gathered incriminating evidence before they make an arrest. For example, officers do not have to read Miranda rights before administering a breathalyzer test or a field sobriety test.

Note that you are not required to take either of these tests before an arrest. If you are taken into custody, you must submit to these examinations under Arizona’s implied consent law. This law is one of the toughest in the nation. If you refuse to take a test, it could result in a one-year suspension of your license, even if you are not convicted of a DUI.

Attorney Novak Can Help You Understand Your Rights

Once you have been arrested, a police officer must read your Miranda Rights. If he or she does not do so, anything you say in custody is automatically disqualified as evidence. If you have been arrested for a DUI, Attorney Novak will consider your Miranda Rights, as well as many other factors. Even if police followed these guidelines, there are many other reasons that your charge may be invalid. For example, an officer may have pulled you over without probable cause. He or she may also have administered an inaccurate test. There are a number of additional factors that play into a DUI charge. Attorney Novak will work tirelessly to protect your rights and your legal record.

Contact Us for a Case Evaluation

To learn more about Miranda rights and to find out if your DUI arrest was valid, contact our firm today.

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