Almost every American television viewer has witnessed the familiar scene on their favorite crime show.
The police arrive, catch their suspect, and handcuff them. Then, you hear a speech almost any American could recite — “You have the right to remain silent…”
In fact, you may hear these important words repeated often. This isn’t bad screenwriting. Miranda rights are an important component of every arrest and criminal defense case. So, it’s no surprise that people arrested for DUI are curious if their Miranda rights will affect their case’s outcome.
If you were recently arrested or stopped for possible DUI in Arizona, you might wonder, “Do police have to read Miranda rights for DUI?” Yes, if there has been an arrest and the person is in custody and asked incriminating questions. If not, Miranda rights are not required. Reach out to the DUI lawyers with the Lerner and Rowe Law Group today if you feel your rights were not communicated to you during your arrest.
What are Miranda Rights?
Do you know your rights at the time of an arrest? If not, here’s a refresher of your Miranda rights:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?
Miranda rights protect suspects in custody from the pressure of questioning by police, as well as possible misuse by those in authority.
The specific words used refer back to a number of constitutional amendments; the fifth, sixth, and fourteenth. The fifth amendment is your right to remain silent, or “plead the fifth,” and the right to a trial by jury. The sixth amendment guarantees that anyone in custody has rights, like the right to a criminal defense attorney. The fourteenth amendment prohibits unfair questioning by police officers, as well as ensuring the right to trial by jury at the state level.
Though police do not need to read Miranda rights whenever they speak with someone, sometimes they are neglected when they should. So, remember that whether or not Miranda rights are read at the time of your arrest, you still have them. Our criminal attorneys always advise to invoke your right to speak with an attorney prior to questioning.
Miranda Rights and Arizona: When is it Required?
In Arizona, Miranda rights must be read in two scenarios. First, they must be read whenever a person is arrested and taken into custody. A person under arrest maintains these rights in their entirety for their entire time in custody. Furthermore, they maintain their rights if police move them to a different location.
Second, Miranda rights must be read if police begin asking incriminating questions. This is known as “custodial interrogation.”
However, there are also times when Miranda rights are not required. For instance, if the police do not make an arrest, Miranda rights are not necessary. Depending on the circumstances, some comments made outside of an arrest can be used at trial.
Because statements made outside an arrest can be used as evidence or to establish probable cause, police may even avoid arresting someone to avoid giving Miranda rights. By delaying an arrest they may get more evidence to use in the future. Then, if they do end up arresting their suspect, some of those previous statements may be used as evidence in court.
So, if you find yourself in a situation where you haven’t been arrested yet, don’t say too much. Simply provide your identification if necessary, always show respect to the officers, and ask to speak with a criminal defense attorney.
What are the Consequences if Miranda Rights are not Read?
The reading of Miranda rights ensures a fair chance for anyone in custody. However, if police do not read the rights, there are significant changes that can happen when the case does go to trial.
For instance, if the suspect was subjected to a custodial interrogation and makes a statement and Miranda rights were not read, the prosecutor can’t use that statement as evidence in the trial, which is known as the exclusionary rule. Without the rights, it could be argued that the statement was coerced from the subject by an officer and were no voluntarily given.
Are There Any Exceptions?
You may think that if police officers did not read Miranda rights, no physical, tangible, or witness evidence from the crime scene may be used. This is incorrect. Some exceptions are:
- Public safety, which allows police to ask if weapons are present in a situation. If this interrogation leads to finding a weapon, it can be used at trial.
- Tangible evidence found through interrogation of a suspect before an arrest can also be used in court.
- A witness discovered via a conversation with a suspect.
- Inevitable discovery of evidence that officers could have found whether or not the suspect told them about it.
In these situations, Miranda rights will not affect the evidence compiled in a court case. Often, a criminal defense lawyer will look into the treatment of their client. If incriminating evidence was found outside of the arrest, a criminal defense attorney may use another defense.
What Other DUI Defenses May Be Used?
Your Phoenix criminal DUI attorneys will investigate your entire case to build your defense. Some instances of mistreatment they look for include:
- Misleading police reports
- The cause of your arrest
- Whether or not you were physically able to control the vehicle at the time of the arrest
- No signs to warrant a reasonable suspicion to support a traffic stop
- If you were denied the right to legal counsel
- Participation in an illegal or improper blood draw
- Contamination of the blood draw
- Unreliable results from the lab looking over your bloodwork
If you were stopped/arrested for a DUI, reach out to the Phoenix DUI lawyers with the Lerner and Rowe Law Group. You will receive a completely free consultation to begin your defense case. From there, our DUI attorney will begin their investigation into the details surrounding the incident. For every client, we will aggressively fight for your rights and build a case to defend your innocence.
Lerner and Rowe Law Group, Criminal Defense Attorneys
Since we first opened our doors, Lerner and Rowe Law Group has represented thousands of clients in criminal and DUI defense cases. In addition, our award-winning law firm also assists those seeking to file bankruptcy in Arizona.
Additionally, we offer affordable payment plans for our criminal defense and bankruptcy clients. So, begin the process today. Call (602) 667-7777, use our LiveChat feature, or fill out our free case review form now to find out more about your legal options.