Miranda Rights Violated? Florida DUI Attorney Explains Why Police Didn't Read You Your Rights

Описание: Do the Police have to read you your Miranda Rights while investigating you for drinking and driving? What if they actually arrest you for drunk driving? Unfortunately, the answer is no and a South Florida DUI Defense Attorney explains why.

If you have been arrested for DUI, you may be wondering why the police didn't read you your rights at any point in the conversation. Did they make a mistake? Unfortunately, in many cases, police officers do not have to read you your rights.

Your Miranda Rights protect you from self-incrimination. That means if a law enforcement officer asks you questions that may elicit an incriminating response, you have the constitutional right to remain silent in order to protect yourself from saying something that can be used against you in court.

If a police officer suspects that you are drinking and driving, he or she will pull you over and ask you a series of questions. They are allowed to ask you basic, everyday conversational questions. They are not allowed to interrogate you, but they may ask where you are going and where you are coming from.

The line between conversation and interrogation gets blurred if a cop asks you if you've been drinking. Clearly, it does not sound good if you tell an officer that you've had a drink before getting behind the wheel.

It is not illegal to have a drink before driving, it is only illegal to be impaired and have your breath and blood toxicity above the state's legal limit. Nonetheless, if you confess to drinking before driving, a cop will almost always believe you are impaired.

A cop must read you your rights before conducting a "custodial interrogation". This is when you are in police custody and they are heavily questioning you in order to obtain evidence against you. If you are in your car and get pulled over by a cop, you are not necessarily in police custody. If this concept seems strange to you, don't worry- it seems strange to us as well. If you are not free to leave, how are you not in police custody?

Nevertheless, a police officer will more than likely ask you questions that paint you in a negative light and subsequently arrest you if you are suspected for drunk driving.

There are always defenses a DUI Lawyer can make for you if you get arrested for DUI. If you would like more information, contact the DUI Defense Legal Team at the Rossen Law Firm in Fort Lauderdale, Florida.

⚖️ Disclaimer — This video is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing or commenting. This information is not legal advice on your case or specific situation. If you are interested in forming an attorney-client relationship, please contact our office.

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