Do Police Have To Read Miranda Rights for a DUI arrest?
Miranda rights, or Miranda warnings, are a set of warnings the police must give to someone before questioning them, after an arrest. The warnings include the right to remain silent and the right to have an attorney present during questioning.
When you are stopped on suspicion of a DUI, the police do not have to give you Miranda rights if you have not yet been arrested and/or are not being interrogated. Any questions that the police ask you before an arrest do not require Miranda rights before the questioning. Here are some easy questions to ask yourself to determine whether Miranda warnings are required before an interrogation.
- Am I Under Arrest?
A suspect must only be read their Miranda rights when they are under arrest and the officer begins questioning in a custodial interrogation.
Being under arrest is defined as “not feeling free to leave.” Commonly, this is when you have handcuffs on or are placed in the back of the police car.
A “custodial interrogation” is defined as when an officer asks questions likely to produce incriminating answers. An example of custodial interrogation is one that is conducted at the police station.
Regular identification questions asked during any traffic stop do not constitute a custodial interrogation. The same if for questions asked to determine the situation at hand.
- If there has not been an arrest → no Miranda warnings are required
If the suspect is not under arrest, then police officers are not required to read them their Miranda rights.
A driver who has been stopped for any traffic violation always has the right to remain silent when talking to the police. The driver does not need to be read Miranda warnings in order to exercise this right. This means that if you are stopped on suspicion of a DUI, but you are not yet under arrest, you can still invoke your right to remain silent.
- If there has been an arrest → am I being questioned?
Further, even if you have been placed under arrest, police officers are not required to read you your Miranda rights until they begin to question you in a custodial interrogation.
Now, this can include more than just questions being asked. It can include a blood test request from the police or other tests to determine the level of alcohol in your system. Prior to any of these tests, you must be read your Miranda warnings.
- When Miranda warnings are required
Remember, Miranda rights are only required when you are both under arrest and being questioned in a custodial interrogation.
However, if both of these elements are met, and you are still not read your rights, then you will likely have a successful motion to suppress the evidence collected during the illegal interrogation.