Being pulled over by the police can be an intimidating experience, and will most likely leave you with a lot of questions. Some of the most common questions involve Miranda Rights, including what exactly those rights are, what they mean for your situation, and when you are supposed to be notified of them. So it really necessary to read your Miranda Rights during a DUI Stop? Find it out below.
So do the police have to read you your rights when you’ve been pulled over for a suspected DUI? The short answer is no, the police do not always have to read you your Miranda Rights, even when they have stopped you for DUI. Miranda rights are only required if you are in police custody and if you are in the process of being interrogated.
In 1966, the Supreme Court established that a person in police custody who is being interrogated had the right to remain silent. They determined that in this situation, suspects in custody had the right to be advised of their Fifth Amendment Rights. Thus, the Miranda Rights were established.
If you have been arrested and charged with DUI in the State of Colorado, it is important to consult with an experienced criminal defense attorney immediately. There are situations when the police should have read you your rights and failed to do so. If this is the case, your attorney may be able to have the charges against you dismissed all together.
Is it Interrogation or Investigation?
When the police pull you over for suspicion of DUI, they have the right to ask you questions to establish whether or not an arrest is warranted. This is considered an investigation. They may ask you how much you were drinking, what you were drinking, and at what time you had your drinks. You are not required to answer those questions, but the police officers can still decide to arrest you.
Once the police officer decides to arrest you and put you into custody, any questions he or she asks you is now considered to be an interrogation. As a result, police officers usually read suspects their Miranda Rights the moment they arrest them for DUI. During this time, it is important for you to remain silent and wait to speak to a lawyer.
It is also important to note that there is no specific wording to the Miranda Rights. When reading Miranda Rights, a police officer must inform suspects in custody of the following rights:
- The right to remain silent
- That anything they say can and will be used in court against them
- The right to an attorney
- That if you cannot afford an attorney, one will be appointed to you
In addition, officers must ensure that the suspect understands these rights and if needed, provide a translator to translate these rights into their language.
Contact Mertes Law For Help Today
Whatever your particular situation, do not handle your Colorado DUI on your own—contact the Mertes Law Firm as quickly as possible after your arrest. Our Boulder DUI Defense Lawyers will aggressively defend your rights and work hard for your future. Call us today at 303-440-0123, or fill out the contact form on this page immediately to start building a solid defense to these serious charges.
