May 26, 2011 By Wallin & Klarich

45939520_3789d101c5_zMany people who are arrested for DUI in Riverside complain that the arresting officer never read them their Miranda Rights and ask whether they can get the case thrown out because of this. In order to understand the answer to this question you first must understand what the Miranda rule is and when it applies in a criminal case.

The Miranda rule only comes into play when two things happen.

  • You are in custody. ( A reasonable person in your shoes would not feel free to ignore the police presence and go about their business).
  • You are being interrogated. (asked questions likely to elicit an incriminating response).

When you are pulled over and a DUI investigation begins one of the first questions the cop will ask is if you’ve been drinking or how much you have-clearly a question likely to elicit an incriminating response so you are being interrogated and the application of the Miranda rule is halfway there.

When you are pulled over and the cop has his lights flashing, clearly NOBODY would feel free to ignore the officer’s presence and go about their business. So you must be in custody and Miranda clearly applies, right?

Wrong! As crazy as it sounds, you are not “in custody” in that situation but are part of a “non-custodial interrogation” or an “investigatory detention”-so they don’t need to read your Miranda rights until they actually decide to arrest you and slap the cuffs on. By that point you’ve already likely admitted to at least a “couple” of drinks and the field sobriety tests and blood or breath test will seal your fate. The bottom line is that in 99.5% of DUI cases whether the cops read your Miranda rights is irrelevant. However, a really good DUI lawyer will likely find other issues in your case that could lead to reduced or dismissed charges.

Call an Attorney at Wallin & Klarich Now

If you have been accused of DUI in Riverside County, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years.

With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you no matter where you work or live.

Call us today at (888) 280-6839 for a free phone consultation. We will be there when you call.

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