What if I wasn't read my Miranda rights?
This is likely the most frequent question that we get asked. While the Miranda Warning is important in some cases, for the majority of DUI cases the fact that your Miranda Rights were not read will not result in a dismissal of the charges against you.
Miranda applies during custodial interrogations. While many of us may feel that we are under interrogation during a stop for suspicion of DUI, you are not in custody when the officer is asking you to perform field sobriety tests or asking you how much you have had to drink. You have the right to decline FSTs and decline to answer the officer’s inquiries. Once you are placed under arrest, you are required to submit to a chemical test, thus it does not qualify as an interrogation.
When you obtain your California driver’s license you sign a statement indicating that you will submit to a chemical breath or blood test upon arrest for suspicion of driving under the influence. Thus, the admonishment does not apply to the chemical test. You are not afforded the right to an attorney at that moment. You must, pursuant to your agreement with the DMV, submit to the test. Failure to submit to a chemical test will result in additional penalties.
Miranda does still apply under certain circumstances. To determine if Miranda applies in your case, contact our office immediately and talk with Orange County DUI attorneys that can help evaluate your situation.
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