How Your Miranda Rights Can Affect Your DUI Case

Law Blog

On television, you might notice that the police will usually read a suspect's Miranda Rights as they are being arrested. However, you might wonder if this will happen when you are arrested for a DUI. You will not necessarily have your rights read to you, and you'll want to speak with a DUI attorney about whether this will affect your DUI case.

When Your Rights Need to be Read

The police only need to read you your rights if you have been taken into custody and will be interrogated. If you are not read your rights, statements you make will not be admissible in court. However, there are some cases where the police do not have to question you to make their case and will never read you your rights.

Your DUI Attorney Can Help

Tell your attorney that you were not read your rights. Your attorney may be able to file a motion to suppress evidence. If your interrogation plays a key role in the prosecutor building their case, you may win your DUI criminal case.

What to Do After a DUI

If you are pulled over after a DUI, do not admit to drinking even if you believe you have not had a lot to drink. You do not have to answer incriminating questions. However, you are required to provide your name, car insurance, driver's license, and registration.

The officer might ask you to perform a field sobriety test. However, you are not required to do so. Even if you are not under the influence of alcohol, submitting to a field sobriety test can backfire because the interpretation of the test is subjective. Also, the test might be very difficult to perform such as in adverse weather or when you are not wearing the right footwear.

DUI Tests

You may submit to one of several DUI tests such as a blood test, breathalyzer, or urine test. Each of these attempts to measure the amount of alcohol in your blood. Your license will automatically be suspended for a year if you refuse to take the test. However, if you are found guilty of a DUI, your license will also be suspended for a year.

The sooner you speak with a DUI defense attorney, the easier it will be to win your case. That way, you will be able to avoid mistakes that would otherwise lead to you accidentally incriminating yourself.


30 June 2021

Car Accident Clues

It can be hard to know what to do to protect yourself legally in the immediate aftermath of a car accident. You’re liable to be disoriented or in shock, you may be injured, and you’re surely worried about your passenger or the other driver. At least, that’s how I felt. The thing is, the things you say and do in the immediate aftermath of an accident may affect a legal case later. Depending on who’s at fault and what the laws are in your state, you may want to sue the other driver for damages, or you may find yourself being sued. My blog is designed to give you tips for a car accident lawsuit, no matter which side you find yourself on.