How Your Miranda Rights Apply in a San Diego DUI caserick
San Diego California DUI Defense Attorney information
The Miranda Rights admonition is usually voluntary in San Diego DUI cases and not usually given, for the following reasons:
During the San Diego DUI investigative stage, the San Diego DUI officer has no obligation to advise one of the person of Miranda rights (to a San Diego DUI attorney, to remain silent).
In San Diego Drunk Driving cases, the San Diego DUI officer usually asks all the main DUI questions before arresting (handcuffing), thereby avoiding the issue of having to advise. The person does not have to answer any questions but the person usually does.
Not until handcuffed is the need for the Admonition triggered.
And by that time, the officer normally has all the answers to all the questions needed to arrest for San Diego driving under the influence of alcohol.
After that, the San Diego DUI officer abstains from questioning during custody.
It is not like the officer takes the person downtown and puts them under a hot light: Did you commit a San Diego DUI?
And in San Diego DUI cases, the person has no right to speak to an attorney before deciding whether to take the required breath or blood test (it’s called the “implied consent” law when one signs up for one’s license).
In sum, the right to remain silent and the right to an attorney are substantially different in a San Diego DUI case.
Caveat: Nonetheless, any interrogating statements made after taken into custody (e.g. in the San Diego county DUI police car: Were you drunk? Yes I was very drunk) may not be used against the person at the San Diego DUI trial and are subject to suppression for failure to admonish.
For a complete understanding in your San Diego California drunk driving case, consult a San Diego DUI Attorney.