August 22, 2009 By Wallin & Klarich

Comments From a California Criminal Defense Attorney

The Courts have held that the questions asked by a police offer during a California DUI stop are asked before the person is in custody for purposes of Miranda.

Meaning, in most instances, there is no legal obligation for an arresting officer to advise a suspect of their Miranda rights. Even when there is a Miranda violation, it will merely result in the suppression of statements obtained as a result of the violation. It will generally not result in an outright dismissal.

The courts’ rulings in the area of Miranda deal primarily with the ability of a police officer to ask limited investigation questions in a roadside scenario. Often times, police questioning goes beyond mere limited investigative questioning. As such, hiring a criminal defense attorney with great knowledge and experience is important to develop legal challenges out of an officer’s failure to warn a suspect of their rights.

Wallin & Klarich has over 30 years of experience handling DUI defense in California. Let our experienced DUI defense lawyers advise you and ensure your rights and freedom are protected under the law. Contact Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at to learn more about your case and what can be done.

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