Beat a DUI: Miranda Issues

There are many legal means to beat a DUI conviction, although some are more effective than others. One of the most effective generally involves Miranda issues. A police officer is required to warn a suspect that anything they say can be used against them in court. Without that warning, any evidence the officer obtains from the suspect is inadmissible and may cause the case to be dismissed.

Miranda Warning

The Miranda Warning became a part of U.S. law after the 1966 Supreme Court case, Miranda v. Arizona. A suspect’s rights had been violated during their arrest and the suspect had to be retried. Since then, every arresting officer has been required to inform a suspect of these rights:

• The right to remain silent

• If they choose not to remain silent, anything they say can be used against them in court

• The right to consult an attorney and have one with them during questioning

• Those who cannot afford an attorney will have one appointed by the court if they so desire

• If they chose to talk to the arresting officer without an attorney present, they have the right to stop the interview whenever they desire to do so

While this warning is now mandatory in every arrest, it is only required in order for the police to use any information the suspect may share during that initial questioning. The arrest may still be valid, but any incriminating evidence, or any information that leads to incriminating evidence, is inadmissible in court.

Probable Cause and Evidence Gathering

Police may still question a suspect before the arrest, and they are not required to read the Miranda Warning. However, the suspect is not required to answer their questions except in a few situations:

• If they are suspected of loitering – in that case they must provide identification and a legitimate reason for being in the premises or face possible arrest

• If someone is pulled over in a traffic stop, they must produce their identification and vehicle registration or face legal consequences

A police officer may even frisk a suspect if they have probable cause for believing they are carrying an illegal substance or weapon. However, if they do not have sufficient probable cause, that search may be illegal, as well.

Getting Legal Help with Miranda Issues in a DUI Arrest

Anyone who has been arrested on DUI charges has many avenues of defense to pursue in their attempt to beat a DUI. They should generally begin with Miranda issues, since they are so clear-cut and understandable, to the suspect, the court, and a jury, if the case involves one. If those issues are more complex and require more legal expertise, the suspect should consider consulting a DUI attorney. In fact, evidence shows that, by far, more suspects are exonerated with the help of a DUI attorney than even with a public defender.