When the police stop a driver and the officer smells alcohol or otherwise suspects the driver may be under the influence of alcohol or drugs, the police officer will conduct a DUI investigation. This investigation typically begins with the question “have you had anything to drink tonight?” This can be a very awkward spot to be in for the driver. After all, who wants to incriminate themselves by answering yes? But the chances are that if the cop is asking you this question, he already knows the answer so denying having had any alcohol could make the officer instantly suspect that you are driving drunk. And refusing to answer the question or asking to consult with an Orange County DUI Lawyer will undoubtedly have the same result.
The next stage of the DUI investigation usually consists of the officer asking the driver a series of questions that are preprinted on a form. These questions are designed to incriminate the driver and to defeat later attempts by the driver’s DUI Lawyer in Orange County to use specific defenses to win the case. The questions deal directly with the “rising defense” (see previous blog) by locking in answers to what the driver drank, when the driver drank it. And how much the driver drank. Essentially, the questions ask the driver for a complete confession to be used against the driver during DUI court proceedings in the Orange County court.
Often, one of the first concerns a driver relates to me during the initial telephonic consultation is the fact that the officer never read the driver his or her Miranda rights before asking all these questions. The unfairness of being detained by a police officer and asked all kinds of incriminating questions is patently obvious. So do the cops have to read you your Miranda rights and explain your right to consult with a Orange County DUI Attorney before asking these questions? Well, according to the United States Supreme Court, they don’t. In Stansbury v. California (1994) 511 U.S. 318, the Supreme Court said that Miranda warnings do not have to be given until the defendant is formally arrested and in custody or the circumstances are such that a reasonable person would believe that they have been arrested. Thus, says the Supreme Court, when someone is merely “detained”, such as for a traffic stop or a DUI investigation, the officer doesn’t need to give Miranda warnings.
Once a driver is arrested for DUI, then the officer need only give Miranda warnings if the officer asks more questions. If the officer fails to give Miranda warnings after the arrest, then any statements made in reply to police questioning beyond that point are not admissible in court. Of course, DUI Attorneys in Orange County will tell you that in almost every case the officer doesn’t ask any more questions because he got all the answers he feels he needs to convict you of DUI BEFORE he arrested you. Therefore, the arresting officer almost never reads a driver Miranda warnings after the arrest.
If you have been arrested for DUI call The Law Officer of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation with an experienced DUI Attorney. You can also visit our website at www.EJEsquire.com. We have office locations at: 1901 Newport Blvd., Suite 350., Costa Mesa, CA 92627 and at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.
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