Call for a Free Consultation
(800) 625-5232

The Importance Of Miranda Warnings In DUI Cases

Miranda warnings are all about questioning and being protected from self-incrimination. State and federal courts state that the Miranda warnings may have to be read by the officer, to the detainee, while he/she is placed in custody.

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

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 warnings need not be read. However, in some cases, the warnings must be read to the suspect, including some accident cases. 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 refuse to answer questions. You can tell the officer very politely that you do not wish to speak. Many people who are pulled over, try talking their way out of the ticket. Many times they are unsuccessful.

The officer may ask you to take field sobriety exercises. You can politely refuse to do so. You can also refuse the officer’s request to search your vehicle. However, if you are already under arrest, the officer may search your car, “incident to arrest.”

There is a chance that you may be arrested if you invoke your right to remain silent, but you can always ask for a lawyer. The officer may make the decision to arrest based on any observations that are noticed at that time.

Also read DUI Offense in Florida – Do You Really Need Legal Help

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 warnings to you. An interrogation is going to take place after the arrest. 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 a violation of your constitutional rights.

There are many DUI lawyers in Florida. You can always consult an experienced attorney for further details. If you have been charged with a 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 or contact us here!

Also read How Much Is a Ticket for Driving Under the Influence in Florida?

What Our Clients Are Saying…

"I just wanted to say thank you! Your firm not only got all my daughters charges dismissed, but there were no court costs or even driving school! She had definitely gotten herself into some trouble and I cannot believe the outcome was this good!! Thank you again! I will recommend you to anyone that asks. I don't know if there are any website for reviews on law firms, but if there is let me know so I can say how excellent your firm is." Yelp User -     "As a young college student, being charged with a DUI was one of the scariest things I have had to deal with. The Ticket Clinic was able to get my case together quickly and get me the best deal I could have asked for. The DUI charges were dropped. The Ticket Clinic was able to put me at ease during one of the hardest times of my life." Sinead -     "The Ticket Clinic was professional and in constant contact with me from the first phone called, until the case was closed. To make a long story short, I was not convicted of a DUI - since then, I referred a friend to the Ticket Clinic." Richard -     "I was faced with a DUI. Most people fear jail, but I heard that it would ruin my record for life. This can cost you a job, credit, relationships. The more we are an online world the more your record is available to the public - a DUI stays forever. The Ticket Clinic didn’t settle, but successfully defended my DUI case. They are the only ones I would trust confidently with a serious matter." Dave -     "I was face with an unjust DUI and called The Ticket Clinic to represent me. I was never faced with such a serious situation before. TTC’s professionalism, confidence and knowledge put me at ease, knowing I was in good hands. As I went through this ordeal, TTC was on top of everything and brought this to closure quite quickly. TTC has also helped me find a lawyer in another state for a friend in a similar situation. I highly recommend The Ticket Clinic!" Scott -     "I was facing a DUI charge but TTC got my charges dismissed, even though I submitted to a breath test! I would recommend them to anyone facing a DUI. Thank you again for everything." Kiersen -     "I was pleased to receive your letter of February 21, 2017 advising me that all charges against me were dismissed by the Court. I am very pleased how the Ticket Clinic handled my case. I definitely will recommend the Ticket Clinic to friends and neighbors should they be issued a traffic ticket. Many thanks again for solving my problem." Wolfgang H. -     "In a world where people always seem to want to register complaints, I thought I would take a moment and register my extreme satisfaction with your company and especially for Miss T! She is extremely helpful, courteous, and knowledgeable and she is a pleasure to do business with!" Jeff M. -     "Great Job!!!!! Keep up the great work.We are extremely impressed with your performance. :)" Lionel O. -