Did the police arrest you for DUI and fail to read your Miranda rights to you? Despite what you may believe, this is not actually a violation of the law. The police are only required to read your rights to you if you are in their custody AND being interrogated. An experienced Oakland criminal defense attorney can review your case to determine if the police's failure to read you your Miranda rights can be used as a valid defense.
There is no exact wording of the Miranda Rights, but in general, an arresting police officer must inform you of the following:
The arresting officer must also be sure that the suspect understands these rights and if there is a language barrier, a translator must be provided.
The moment you are suspected of a DUI, theft offense, drug crime, or any other criminal offense, an officer will likely begin asking you a series of questions, such as "Were you drinking tonight?" and "Where were you during this time period?" These questions are considered to be investigation because the officer is using these questions to determine if you should be arrested or not. Once an officer decides to arrest you, however, any question he asks you is considered to be interrogation. If a police officer arrested you, interrogated you, and failed to read your Miranda Rights, then you may be able to use this as a valid defense.
If you were not read your Rights, then we can help. The Oakland DUI defense lawyers at the Law Office of Nabiel C. Ahmed are skilled in investigating all angles of your DUI arrest to build a solid and formidable defense. We know how to beat DUI charges and can fight aggressively on your behalf when you reach out to our firm.
It is important to know, however, that using a Miranda rights DUI defense will not get all evidence against you thrown out in court. It only applies to verbal testimony. If there are other forms of evidence, such as field sobriety tests or BAC results, then we will also have to defend against those as well.
What most suspects don't realize is that from the moment you are pulled over, you have the right to remain silent. This means that you do not have to answer an officer's investigation questions. In fact, it is best if you do not answer them. Simply reply that you would like to remain silent. Be aware, however, that the officer may then decide to arrest you or will surely threaten to do so. While it may make a police officer angry, remaining silent will ensure that you do not incriminate yourself.
We know how to beat criminal charges and can protect your rights. Call the Law Office of Nabiel C. Ahmed today to set up a free review of your case at (510) 907-6600. If you are already detained, we are also available for phone consultations and jail interviews. You can also fill out a confidential contact form.