Despite what many people believe, the police do not always have to read you your Miranda rights. These rights are only required to be given if you are in police custody and if you are being interrogated. Miranda rights stem from the 1966 U.S. Supreme Court case Miranda v. Arizona which established that a person in police custody who is being interrogated must be advised of their Fifth Amendment rights to remain silent and free from self-incrimination. If either of the above conditions is not met, then failure to read you Miranda rights is not a valid San Mateo DUI defense.
Interrogation versus Investigation
There is often confusion between interrogation and investigation. The police have the right to begin an investigation, which may include questions about how much you were drinking, what you had to drink and what time you drank. These questions are well within the officer’s right to conduct an investigation of a possible DUI because the officer is simply gathering information to determine if an arrest is warranted. You, however, are not required to answer those questions.
Once the officer arrests you for DUI, any questions he or she asks you afterwards will likely be considered an interrogation. As such, police officials often read suspects their Miranda rights the moment they are arresting them for DUI. After your arrest and during the custodial interrogation, it is highly advised that you remain silent and contact an experienced San Mateo DUI defense lawyer immediately. At this stage of the legal process, anything you say can and will be used against you in a court of law.
Even if the police officer arrests you and fails to read you your Miranda rights, you cannot use this as a valid DUI defense unless he or she actually interrogates you. Engaging you in casual conversation is not the same as interrogation, unless that casual conversation is likely to elicit an incriminating response from you regarding the crime you were arrested for.
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.” —Version of Miranda Rights
It is also important to remember that the actual wording of the Miranda rights does not have to be exact, as long as the message is fully conveyed. When reading a suspect their Miranda rights, a police officer must do the following:
- Inform the suspect of their right to remain silent
- Inform the suspect that what they say could be used in court
- Inform the suspect that they have a right to an attorney
- Inform the suspect that if they cannot afford an attorney that one will be appointed to represent them at no cost.
- Ensure that the suspect understands these rights
- Translate these rights to a language the suspect understands if they do not speak English
San Mateo DUI Defense Lawyers
At Ahmed & Sukaram, our San Mateo DUI defense lawyers have the skills and knowledge necessary to defend your DUI case in the State of California. If you are charged with DUI in the State of California, contact the dynamic legal team of Ahmed & Sukaram immediately. We are ready to fight for you and your family-no matter how serious the DUI charges are against you. You are not alone-call Ahmed & Sukaram today at 877-337-0697 or email us through this site in order to set up a no obligation consultation. If you prefer to video chat, please connect with us using Skype at Nafiz.Ahmed59.