Your Basic Rights as a Defendant for DUI
It's common knowledge that the Miranda Warning is designed to protect the rights of the citizens when faced with an arrest or a criminal charge. But do you really need to be reminded of your Miranda rights when being questioned for DUI? Read on to learn more about your rights.
Miranda warning in DUI cases
One thing to note is that Miranda Rights would only be needed to be mentioned by the police when there's an arrest. If there's no arrest to be made, you won't need to use the Miranda reminder. If you're just being questioned by the police about a possible case of DUI, you don't need to have your rights read to you.
You should know that some information may be asked from you, such as identification, address, and social security number. Outside of these, you would need to be careful, especially if it's about a possible DUI charge. This is because other things you say can be used as evidence against you.
The best thing to do is to ask whether you're under arrest or not. If they arrest you, you can then invoke your Miranda rights. Though an arrest is more serious, you would have more protection under the law compared with just the police questioning you without making an arrest.
But then, you should also be informed that most laws see driving as a privilege. Part of gaining a license is the agreement to subject yourself to sobriety tests and questions from the police about DUI. If you refuse to do those during police questioning, your license will be suspended generally for 120 days. This rule applies to certain states. So if you are innocent, you should also consider the possibility of having your license suspended when you don't agree to take the tests, or answer police questions.
Should you ask for a lawyer?
It would depend mostly on your level of guilt. If you feel that you'll be in trouble, you're better off asking for a lawyer. In most cases when the police are pretty much convinced that you're driving under the influence, more likely, these will proceed to an arrest.
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"You have the right to remain silent. Anything you say can and will be used against you in a court of law."These are very popular lines during a crime scene, particularly in an attempt to make an arre...