You have the right to remain silent…
We have all heard this line before, whether it is from first-hand experience or from a movie or television show, but what does it mean? This line is from a Miranda warning—a Fifth Amendment constitutional right that all United States citizens have. It is a warning that serves to protect people from self-incrimination.
This right and warning are incredibly important during a DUI case. If you are ever in a situation where you are pulled over and arrested for a DUI charge, it is important to invoke your Fifth Amendment right to remain silent, but it is also just as important to know if you are not read your rights, your charge may be dismissed. Let’s discuss your Miranda Rights more extensively, especially regarding a DUI stop in Florida.
What are Miranda Rights?
No one ever wants to be put in a situation where they are arrested, but if you are it is important to know what your rights are. Before your arrest, the arresting officer must read a person their Miranda warnings. These are also known as your Fifth Amendment rights and are part of your constitutional rights.
When an officer arrests you, you should hear this statement:
“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 appointed to you. Do you understand each of these rights I have explained to you? Having these rights in mind, do you wish to talk to us now?”
This statement is saying that no United States citizen, shall be compelled [in any criminal case] to be a witness against himself. Whether you are guilty or not of what the officer is charging you for, you should remain silent. Statements that you may think are harmless can be used against.
An officer collects the most evidence from a DUI stop before an arrest. You should invoke your Fifth Amendment right before an arrest; if you are silent then you will not unknowingly provide possible incriminating evidence against you.
Related > DUI: Facts vs. Fiction
Miranda Rights and DUI Stops
When it comes to being pulled over for an alleged DUI it can be nerve-wracking and terrifying. Whether you are guilty or not, you may feel the extra rush of intimidation when the officer speaks to you. It is important to remember that you do have rights and these rights do extend to DUI stops.
As a United States citizen during a DUI stop, you can:
- Invoke your Fifth Amendment right and not answer any questions
- Refuse the officer’s request to search your vehicle or person
- Refuse to take any field sobriety tests
- Refuse to take any chemical tests
It is important to note that if you do refuse chemical testing, you may have your license suspended, as this falls under an implied consent law.
This implied consent law means that if you drive on Florida roads you are implicitly agreeing to chemical testing by law enforcement. While you may have to face the legal issue of refusing a chemical test—which may result in a license suspension—it is much easier to handle than a DUI charge.
Related > To Blow or Not to Blow? That is the Question.
What If I Was Not Read My Miranda Rights?
Officers are human too and sometimes may forget to read you your Miranda Rights. How does this scenario play out?
If you are part of the small percentage of citizens that was not read their Miranda Rights, it may be beneficial to you. The court may find all the evidence that was gathered during and after your arrest to be inadmissible under the Miranda exclusionary rule.
Law enforcement is NOT required to read your Miranda warnings until you are arrested.
For the Miranda exclusionary rule to apply, your statement must fit all six conditions:
- The evidence was from the alleged officer
- The evidence was testimonial
- The evidence was attained in police custody
- The evidence was given through interrogation or questioning
- The interrogation or questioning was by law enforcement or those who work on behalf of law enforcement
- The evidence is offered by the prosecution during a criminal case
Related > Why Miranda Warnings Matter In DUI Cases
DUI? Call Stechschulte Nell Law
It is paramount that you contact an attorney at Stechschulte Nell Law if you have been charged and arrested for driving under the influence. Our defense attorneys will look at your case closely to make sure that the arresting officer administered your Miranda warnings properly and if not, will take the appropriate legal actions to file motions to suppress any evidence given during and after the arrest.
Make sure to always exercise your right to remain silent to law enforcement, whether you are guilty or not. Let the attorneys at Stechschulte Nell Law do the talking. Call us today at (813) 280-1244 for a free DUI case review.
