Monday, March 31, 2008

Limited Miranda rights in California DUI case

San Diego DUI criminal defense attorney www.SanDiegoDrunkDrivingAttorney.net

California DUI lawyer info:

The admonition is usually voluntary in California DUI cases and not usually given, for the following reasons:

During the California drunk driving investigative stage, the California DUI officer has no obligation to advise one of the person of Miranda rights (to an attorney, to remain silent).

In California DUI cases, the California drunk driving officer asks all the questions before arresting (handcuffing), thereby avoiding the issue of having to advise. The person does not have to answer any questions but the person usually does.

Not until handcuffed is the need for the California Miranda Admonition triggered.

And by that time, the California DUI officer normally has all the answers to all the questions needed to arrest for California DUI - Driving under the influence of alcohol.

After that, the California DUI officer abstains from questioning during California DUI custody.

It is not like the California DUI officer takes the person downtown and puts them under a hot light: Did you commit a California DUI?

And in California DUI cases, the person has no right to speak to an attorney before deciding whether to take the required California DUI breath or blood test (it's called the "implied consent" law when one signs up for one's California license).

In sum, the California right to remain silent and the right to a California DUI attorney are substantially different in a California DUI case.

California DUI Attorney Caveat: Nonetheless, any interrogating statements made after taken into California DUI custody (e.g. in the police car: Were you drunk? Yes I was very drunk) may not be used against the person at a California DUI trial and are subject to suppression by a California DUI lawyer for failure to admonish.