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:
- 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 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?
