DUI and Miranda Rights

jpadmin   November 27, 2015   Comments Off on DUI and Miranda Rights

Many people are wondering if they have to be read their Miranda rights when they are being stopped for a suspected DUI.
When a person is stopped by a police officer they are asked for their license, registration, and proof of insurance. This is not considered to be questions and they must provide these documents. If a person is arrested as a result of a DUI then they have to be read their Miranda rights.
An office may ask a person if they had anything to drink that night. Since you are not under arrest you must answer these questions and you do not have to be read your rights.
When a person is read their Miranda rights they do have the right to refuse to answer questions when they are asked by the police. A person can chose not to answer police questioning and they can also refuse to perform a sobriety test.
If a person is arrested on DUI charges they can be in a lot of trouble. Even if they are read their rights they can still face fines and jail time. They should contact a DUI attorney right away to determine if the police officers acted in a legal manner.

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