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Miranda Rights – DUI Arrest | Hayward DUI Laws

Lynn Gorelick | 754 Views | 09/14/2015

Miranda Rights

Every TV show and movie that we’ve ever seen shows law enforcement officers reading people their Miranda rights. And we all know them almost by heart, “You have the right to remain silent, if you give up that right, anything that you say can be used against you.” The Miranda case involved what is called interrogation.

Pre-Field Sobriety Questions

For purposes of DUI arrest, the courts have ruled that the pre-field sobriety test questions and other questions they ask are investigative and not interrogative in nature. It seems counterintuitive that they’re asking questions about alcohol consumption, have you been drinking? Where have you been drinking? I believe that the underlying reason that people are not Mirandized after arrest is that many would choose to speak with an attorney before taking a chemical test.

No Miranda Rights for DUI

Unfortunately, you don’t have this right, and it can cause some confusion. Technically, the police do not have to read someone their rights when they’re arresting them for driving under the influence of alcohol or drugs as it relates to pre-field sobriety questions which they call investigation. If interrogation goes on after arrest and testing, or if questions out of that realm are asked, Miranda rights may be in order.

By: Lynn Gorelick

Miranda Rights – DUI Arrest | Hayward DUI Laws

Miranda Rights

Every TV show and movie that we’ve ever seen shows law enforcement officers reading people their Miranda rights. And we all know them almost by heart, “You have the right to remain silent, if you give up that right, anything that you say can be used against you.” The Miranda case involved what is called interrogation.

Pre-Field Sobriety Questions

For purposes of DUI arrest, the courts have ruled that the pre-field sobriety test questions and other questions they ask are investigative and not interrogative in nature. It seems counterintuitive that they’re asking questions about alcohol consumption, have you been drinking? Where have you been drinking? I believe that the underlying reason that people are not Mirandized after arrest is that many would choose to speak with an attorney before taking a chemical test.

No Miranda Rights for DUI

Unfortunately, you don’t have this right, and it can cause some confusion. Technically, the police do not have to read someone their rights when they’re arresting them for driving under the influence of alcohol or drugs as it relates to pre-field sobriety questions which they call investigation. If interrogation goes on after arrest and testing, or if questions out of that realm are asked, Miranda rights may be in order.

By: Lynn Gorelick