Miranda Warnings & Your Auto Insurance

Interviewer: Do police officers have to read you your rights before arresting you for DUI?

Brett Hollett: No. This is a common misconception many people have.  There is no requirement under the Constitution or under Alabama law for an officer to automatically read a defendant in custody their “rights.”  An officer must give the Miranda warnings only if the officer engages in direct questioning of the facts of the case after the defendant is placed into custody.

Interviewer: If there was a Miranda violation, will my case be dismissed?

Brett Hollett: No.  If the court found a Miranda violation occurred, only the confession or admission given to the officer will be suppressed (not admitted into evidence); the case itself can proceed to trial.

Consequences of a DUI Conviction on your Auto Insurance

Interviewer: If you are convicted of DUI, will your auto insurance go up or can your auto insurance be canceled altogether?

Brett Hollett: Yes and yes.  Almost all insurance companies will cancel a person’s auto insurance coverage if a DUI conviction is reported on their driver’s record.  If your policy is not canceled altogether the insurance company, at a minimum, will re-write your policy and require significantly higher insurance premiums.  You will be classified as “high risk” and in Alabama you would have to fill out an SR-22 form and submit that to your insurance company.  Typically SR-22 insurance costs $300-$500 per month.  The very high cost of “high risk” insurance can be one of the not so well known penalties of a DUI conviction.

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