What happens if I don’t get read my rights?


Pulled Over for DUI? Miranda Rights and What They Mean for You

Getting pulled over for DUI is a stressful experience. The flashing lights, the officer approaching your car – it's enough to make anyone nervous. But on top of that, you might be wondering about your rights, especially if the officer doesn't read you your Miranda rights.

Let's break down what Miranda rights are and how they can impact your DUI case in Florida.

Miranda Rights: Your Shield Against Self-Incrimination

Miranda rights are named after the landmark Supreme Court case Miranda v. Arizona (1966). These rights protect you from incriminating yourself during police questioning. They typically come into play after you've been arrested.

The Key Distinction: Investigation vs. Interrogation

Here's the important thing to understand: in a DUI case, the officer might ask you questions before the arrest. These questions, like "where are you coming from tonight?" or "have you had anything to drink?" are not covered by Miranda rights. They're considered part of the investigation, and your answers are admissible in court.

So, what happens if I don't get read my rights after arrest?

If you're arrested for DUI and the officer continues questioning you without reading your Miranda rights, any statements you make might be thrown out of court. This is because the officer obtained them illegally, without informing you of your right to remain silent and have an attorney present.

Does this mean I automatically win my case?

Not necessarily. While not getting read your rights can be a positive development, it's not a guaranteed win. The officer still has other evidence they collected, such as:

  • Field sobriety tests
  • Breathalyzer test results
  • Witness statements

The Best Course of Action: Silence and an Attorney

Here's what to remember if you ever find yourself pulled over for DUI:

  • Stay silent. It's always best to politely decline to answer questions and request a lawyer. You have the right to do so, and it can protect you from accidentally incriminating yourself.
  • Consult an attorney. A DUI attorney can analyze the details of your arrest, including whether you were properly informed of your rights. They can advise you on how not getting read your rights might affect your case and build the strongest possible defense.

Remember, knowledge is power, especially when it comes to your rights. By understanding Miranda rights and how they apply to DUI cases in Florida, you can make informed decisions and potentially improve your chances of a successful outcome.

Contact McCormick Law today for a free consultation!

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