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Importance of Miranda in DUI Cases

The Miranda warning is all about questioning and being protected from self-incrimination. The court states that the Miranda warning may have to be read out by the officer, to the detainee while he/she is placed under arrest

Miranda warnings that are to be communicated to the suspect are as follows:

-You have the right to remain silent.

-Anything you say can be used against you in a court of law.

-You have the right to have an attorney present

-If you cannot afford an attorney, one will be appointed to you.

In the case of a DUI offense, the officers may have all the evidence they need before they take the DUI suspect into custody, In such cases the Miranda warning need not be read out.

If you are interrogated after your arrest Miranda warnings must be read.

How to invoke the right to remain silent?

In some cases, officers do not have the probable cause to arrest you. If the officer pulls you over for a suspected DUI and starts questioning you, you have the right to remain silent.Most people who are pulled over, try talking their way out of the ticket but end up incriminating themselves. You can tell the officer very politely that you do not wish to speak.

The officer may ask you to take a field sobriety test. You can politely refuse to do so. You can also refuse the officer’s request to search your vehicle.

There is a probability that you may be arrested if you invoke your right to remain silent but you can always ask for a lawyer.

How to invoke your right to an attorney?

You have the right to an attorney if you are taken into custody the officer should read the Miranda rights to you.You can then ask for a lawyer; then a Florida DUI attorney has to be present while the officers begin their custodial interrogation. In the absence of which, the officers cannot continue to interrogate. If they do so it is the violation of your constitutional rights.

There are many DUI Lawyers in Florida, you can always consult an experienced one for further details. If you have been charged with DUI – relax, it doesn’t mean you are guilty. You can always choose to fight your ticket in court. Call us today to speak to one of our experienced lawyers!

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