See If You Qualify for a Free Consultation

Get In Touch
850-423-0035850-423-0035

Blog

Protecting Your Miranda Rights During a FWB DUI Arrest

Protecting Your Miranda Rights During a Fort Walton Beach DUI Arrest

When you are arrested for driving under the influence, you have certain rights. These rights include the Fourth Amendment right against unreasonable searches and seizures, the Sixth Amendment right to a speedy trial, and the Fifth Amendment right to remain silent. In a previous post, I discussed your Fourth Amendment rights during a DUI traffic stop. In this post, I will explain when you have the right to remain silent under Miranda and how this right works.

Arizona v. Miranda

The Fifth Amendment states, in part, that no person “shall be compelled in any criminal case to be a witness against himself.” Though this amendment was ratified back in 1791, police departments across the country largely ignored it until 1966 when Arizona v. Miranda came along. Everyone has heard of “Miranda rights” from the news, television, and movies, but what exactly are these rights and why do they exist?

Miranda was arrested by the Phoenix Police Department for kidnapping and rape. While at the police station, the officer elicited a signed confession from Miranda. This confession stated that Miranda gave his statement voluntarily and was not threatened or coerced into talking. However, during interrogation, Miranda was not told he had a right to a lawyer, a right to remain silent, or that anything he said could be used against him during prosecution. Though Miranda was initially convicted, he appealed, arguing that because his confession could not be truly voluntary without being informed of these rights, they should not have been introduced at trial by the prosecutor.

The U.S. Supreme Court agreed. The Court held that any suspect who makes an incriminating statement during custodial interrogation must first be informed of certain rights. These rights include:

  • The right to remain silent;
  • Anything told to police can and will be used against the suspect in a court of law;
  • The right to consult with an attorney;
  • The right to have an attorney present with a suspect during the questioning; and
  • An attorney will be appointed for a suspect if he cannot afford one.

Miranda Rights During Fort Walton Beach DUI Arrests

So what does this mean for you? When you are stopped under suspicion of drunk driving and are placed into custody, the Fort Walton Beach officer must give you Miranda warnings before questioning you. If the officer fails to read you your rights, any statements you make at that time cannot be used against you.

However, not every statement made will be in violation of Miranda. The tricky part of Miranda is that it requires custodial interrogation. Interrogation is direct questioning on what happened. It becomes custodial when you are in the custody and control of the police department. This occurs, for example, when you are under arrest, such as sitting in the police cruiser or in a holding cell at the station. When an officer first approaches your car during a DUI traffic stop and asks if you’ve been drinking, though you have been stopped and don’t feel free to leave, you are not in custody yet. The officer is merely investigating to determine if you have violated the law. Therefore, the officer does not have to inform you of your rights. You do have the right to refuse to answer questions at any time, though. Remember: you may feel the urge to explain yourself or justify your actions. Do not do this! Statements given to an officer will not help you avoid an arrest. They will only be used against you in court.

Suppress Statements in Violation of the Fifth Amendment with a Skilled Fort Walton Beach Criminal Defense Lawyer 

If you made a statement to a police officer or detective in Fort Walton Beach during a DUI arrest, you may be eligible to suppress your statements if no Miranda warnings were given. Experienced Fort Walton Beach DUI Defense Lawyer Stephen G. Cobb can assist you with evaluating your case for any possible constitutional violations. Contact our Okaloosa County criminal defense law firm today at (850) 423-0035 for a free consultation.

Cobb Law Firm
1992 Lewis Turner Blvd, Suite 101-B
Fort Walton Beach, FL 32547
(850) 423-0035

https://cobblawfirm.com/fort-walton-beach-florida/dui/

Source:

https://www.law.cornell.edu/wex/fifth_amendment


You Might Also Like

Image for Common Defense Strategies to Fort Walton Beach DUI Charges post

Common Defense Strategies to Fort Walton Beach DUI Charges

An old maxim contends that the “best defense is a good offense.” This saying is certainly true in the context…

Quote Left

“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

Quote Right

Request To Speak With An Attorney

 
Quote Image

“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

Quote Image

Request To Speak With An Attorney