Custodial Interrogation

According to California law, police must advise a suspect of their Miranda Rights prior to beginning any custody interrogation for any charge, including DUI.

The arresting officer must inform any arrested individual that:

1. They have the right to remain silent
2. Any statements they make can and will be used against them as evidence in court.
3. They have a right to have a criminal defense attorney present during questioning
4. If the suspect cannot afford a defense attorney one will be appointed to them at no charge

Police must issue the Miranda Rights to any suspected drunk driver before questioning or interrogating them. A custodial interrogation occurs if there was reasonable suspicion and a DUI suspect is in custody (not free to leave or deprived of their freedom in any significant way) and is asked incriminating questions by law enforcement. If law enforcement interrogates a suspect while in custody and does not advise the suspect of their Miranda Rights, then all statements will be suppressed and will not be admissible in court.

My Rights Law Defense Lawyers

Police are not required to recite your Miranda Rights if you haven’t been placed under arrest. In these pre-arrest instances, you do not have the right to remain silent unless your answers might incriminate you. Likewise, if you begin conversation with police, they do not need to issue your Miranda Rights because they are not questioning you.

The bottom line is this: Your Miranda Rights ONLY apply when you’ve been arrested. After this point you can and should invoke your right to remain silent and your right to speak with your DUI lawyer to fight your DUI charge.