California DUI & Miranda rights
The law requires that you be informed of the following rights when you are in custodial interrogation:-
- Your right to remain silent
- Your right to an attorney
- And what you say can be possibly be used against you in court.
These are your Miranda Rights.
This basically means that when you are handcuffed and the officer is asking questions that can possibly incriminate you he must inform you of your Miranda Rights listed above.
If the officer is asking you questions while you are in your car or before he has handcuffed you, this is usually considered an Investigative Interview and he does not have to tell you your Miranda Rights.
Failure to read your rights
Unfortunately, officers rarely read people their Miranda Rights in DUI arrests, and their failure to read you your rights does not prevent your breath or blood results from being used against you. A violation of your Miranda Rights can only result in excluding statements you made to the officer only if a Judge believes you were in custodial interrogation and you did not waive your rights. The officer’s failure to read you your rights will not affect your DUI case except in rare cases.
