Litigating Miranda Rights Issues in a California DUI Defense

If you have been charged with DUI in the state of California, you have a strong interest in mounting the strongest possible legal defense against the state’s efforts to convict you.  California punishes DUI severely. If convicted, you are looking at enormous fines, mandatory license suspension, as well as mandatory participation in programs for alcohol treatment, public works projects, community service, and, worst of all, jail time. In addition, and even for a first time offense, a DUI conviction is grounds for your car insurance provider to drastically reduce your premiums for years to come. Scared yet?

Well, the bad news does not stop there. Have you thought about the potential damage to your reputation? Your ability to maintain a professional license or certification could be adversely impacted. If you are younger and still on the path to achieving your educational and vocational goals, a DUI conviction could potentially threaten or altogether derail your efforts. All this and more is possible if you have already been convicted for DUI in the past – especially if the crime was prosecuted as a felony and involved property damage or personal injuries to other persons.  

Hopefully, this is your first time and the picture presented here is but a cautionary tale.  Regardless of your personal circumstances, you need to rely on the expertise of a skilled California DUI defense attorney. In making a DUI arrest, a police officer is subject to a number of important and stringent Constitutional requirements. Specifically, an officer making a DUI arrest (or any other arrest) must advise you of your Miranda rights. The purpose of this article is to explain those rights and how violation of them is potentially grounds for a reduction or dismissal of the charges against you.

An Officer Making a DUI Arrest is Required to Inform You of Your Miranda Rights

If you are an avid TV or Film fan, chances are that you have heard the words “you have the right to remain silent. If you do say anything, it can be used against you in a court of law. You have the right to have a lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire.” This series of statements comprise what is known as your Miranda Rights. Arising from the U.S. Supreme Court case Miranda v. Arizona, these rights exist to protect your liberty. In the DUI context, these rights come into play once you have been arrested and put into police custody and the arresting officer begins conducting an interrogation.  What can be inferred from these 3-part rule is that you do not have to be read your Miranda rights when you are initially stopped in your vehicle and subjected to DUI testing. It is at the outset of the interrogation – the officer’s efforts to elicit incriminating answers from after you have been arrested – when your Miranda right must be read.

If you have been charged with DUI, contact a skilled and experienced California DUI defense attorney to defend against the state’s efforts to convict you.

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