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DUI and Miranda

Posted by Jonathan E. Rooker | Oct 12, 2017 | 0 Comments

I was arrested for DUI and they didn't read me my Miranda rights?

This is common in many DUI arrests.  There seems to be a an exception to the constitution, or actually several exceptions to the Constitution when dealing with DUI's.  First, the pre-arrest questions that officers ask DUI suspects prior to arresting them.  This includes where they have been, how much they have had to drink, where they are going, when the last ate or slept, and many other questions that can help the prosecution gain a conviction against a motorists cited for DUI.  

However, Miranda only applies to post-arrest interrogations by officers. This means once an arrest, or even a de facto arrest occurs, they must advise you of your Miranda rights.  However, they may continue to ask questions if you waive your rights.  

The more information you give the officer the more difficult it can be to mount a successful defense of a DUI charge.

DUI and Miranda rights
They didn't read me my rights, what about my Miranda rights?

If you feel your rights have been violated during a DUI traffic stop, arrest, detention, or citation, call for help today.

Fresno DUI & Criminal Defense Home Page

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