How Do People Unintentionally Violate Their Miranda Rights During A DUI Investigation?

Almost everybody who comes into our office in regard to a DUI charge tells us they were not read their Miranda Rights.

A DUI is an investigatory stop, so there would be no need to read the person their Miranda Rights, therefore everything the person did with the police would be on the assumption that it was voluntarily because they were just asking the person to do things so they could investigate a DUI case, even though the person would not have to do those things. They would not need to read them their Miranda Rights before asking them to perform field sobriety tests or take a breathalyzer test because the person would not actually be under arrest at that time.

Do A Lot Of People Assume They Need To Be Read The Miranda Rights From Watching TV?

Yes, and almost every person asks us that question. Anything the person said or did with the police during that investigatory phase would be used against them later which is why people need to be really careful about that.

How Long Can The Police Detain Someone And Can They Request To Be Let Go Or Leave?

The police are able to detain someone for a reasonable amount of time so they can perform their investigation and see whether the person was doing the things they were being asked to do. The police would not view it as detaining the person right from the beginning of a DUI stop or a traffic stop; at least that is their argument.

They can keep the person around because people generally do not object to the fact they were being detained, which would essentially be what was happening if they did not invoke their rights and say they did not believe they committed any offense, and if they had committed an offense then they could ask the police officer to write them a ticket for what the police felt they had done because they wanted to be allowed to leave and if the officer did not give them permission to leave then they would assume they were under arrest.

For more information on Miranda Rights And DUI, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (205) 871-9990 today.

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