DUI Arrest: Cop Didn’t Read Me My Rights

I’ve been an Orange County DUI attorney for many years now. And since I offer a free telephonic consultation I’ve talked to thousands of people after they were arrested for DUI. One of the main concerns I hear is that the cop never read them their Miranda rights; their right to remain silent, to have a lawyer present, and to have a free lawyer appointed if they cannot afford one.

Virtually every police drama we see on television reinforces our understanding that when the police arrest someone, even for DUI, they MUST inform them of their Miranda rights, including their right to a DUI lawyer. This legal principle is well-entrenched in public consciousness. But when must the police read someone their rights? And what is the consequence if they don’t? These are the questions I hope to answer here.



A DUI investigation typically starts after an officer stops a driver and becomes suspicious that the driver has been drinking or taking drugs. The officer then asks the driver a long series of potentially incriminating questions like “how much have you had to drink?” and “do you feel the effects of alcohol or drugs?”. Moreover, the cop asks these questions without ever informing the driver of their right to consult with a DUI defense lawyer before answering. That’s because the U.S. Supreme Court has held that the cops don’t need to advise a suspect of their Miranda rights until they are “in custody”. Custody occurs when the police physically restrain someone–such as by putting handcuffs on them or placing them in the back of a locked police car.



So, once the police put you in cuffs they MUST read you your rights before they can interrogate you. But, as any DUI defense attorney will tell you, in most DUI cases the police have already asked all their questions before they arrest  the driver and take them into custody. Since they usually have no more questions to ask, there is no need to read the driver their rights. But if the cops do ask more questions once custody occurs, the answers can be suppressed by a skilled Orange County DUI lawyer. Any incriminating statements resulting from interrogation after the driver is taken into custody are subject to suppression if the officer did not advise the driver of their Miranda rights.



If you have been arrested for DUI call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced Orange County DUI attorney. Our main office is located at 32072 Camino Capistrano in San Juan Capistrano but we have meeting offices throughout Orange County.