One of the most-frequent questions clients who were pulled over for drunk driving ask us is: “What can I do if the cop didn’t read me my Miranda rights?”
Depending on the particulars of your arrest, an experienced DUI attorney may get your case dismissed! At George Law, (248) 470-4300, our top lawyers help you obtain the best possible results for your DUI charge.
What are my Miranda rights?
You’ve most likely heard of Miranda rights before, perhaps in police movies and shows. They have their roots in the Supreme Court case Miranda v. Arizona (1966). It is now law that – before asking you questions – the cop must tell you that:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to have an attorney present during questioning.
- If you cannot afford a lawyer, the court will appoint one to you.
If the police officer said something like this, you were what we like to call mirandized.
When must the police read me my Miranda rights?
A lot of people think that cops and law-enforcement agents are required to read you your Miranda rights while they are arresting you, or even before they arrest you. This is not true! Yes, a lot of police read Miranda rights during an arrest, they are not required by law to do so.
The law only requires police to read you your rights before they question you. If a cop starts to question you before reading your Miranda rights, the cop has violated your rights — you should call a good drunk-driving lawyer ASAP. As an experienced DUI law firm, we’ll help you defend your rights and avoid conviction.
What if the police did not read me my Miranda rights?
Anything you said to the cop before the cop arrested you is not protected under your Miranda rights. But we may be able to get a court to suppress your answers to questions that you answered after you were arrested if the cop didn’t read you your rights. In court, a judge suppressing your incriminating statements could end up in getting your case dismissed.
If I wasn’t mirandized, will my case be dismissed?
It depends. An OWI or DUI charge does not ultimately guarantee a conviction. However, for a police officer to lawfully make an arrest, they only need to meet the standard of probable cause. So, even if you weren’t mirandized, leading to a suppression of some evidence, that doesn’t necessarily entail an automatic dismissal of your DUI/OWI case.
If you think that your Miranda rights were violated after being arrested for drunk driving, and you’re hoping to have your charges reduced or dismissed, you should speak with a DUI lawyer immediately. At George Law, we have extensive DUI experience and training. We will work with you to come up with the best possible defenses. Call us today at (248) 470-4300.