August 10, 2009 By Wallin & Klarich

Tips From a DUI Attorney

Miranda warnings are intended to prevent overreaching by law enforcement in situations that are deemed inherently coercive. This specifically applies to those law enforcement encounters in which there is a “custodial interrogation.”

An encounter will be deemed a custodial interrogation where:

  1. defendant is not free to leave or terminate the encounter, and
  2. law enforcement is directly questioning the defendant in a manner designed to elicit incriminating information.

Unfortunately for DUI defendants, the California courts are in agreement that Miranda does not apply to questions asked of DUI suspects in a typical California DUI arrest scenario. The courts have ruled that questions asked of DUI suspects in a DUI case are asked before the defendant is in custody for Miranda purposes. Thus, an arresting officer’s failure to give Miranda warnings will not normally result in the case being dismissed.

As a DUI defendant, you are not without recourse. Wallin & Klarich has over 30 years of experience and has California drunk driving defense lawyers standing by waiting for your call! Contact them at 1-888-280-6839 to speak to an attorney who will fight to resolve your pending DUI. Call today and visit us on the web at

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