Friday, November 4, 2011

"Do the police need to read me my Miranda rights after arrested for a DUI in California?"

"Do the police need to read me my Miranda rights after arrested for a DUI in California?"

That frequent question is a good one. After all, on TV, the police usually read something like:

"You have the right to an attorney.
If you cannot afford one, one will be appointed.
You have the right to remain silent.
Everything you say can and will be used against you."

What about in drunk driving cases? Do California cops need to so advise?

The answer is "No."

Why not?

Basically the issue becomes "moot."

How so?

Remember The Implied Consent Law in California! For details, please see this new article by California's San Diego County DUI Law Center's lawyer, Rick Mueller, published today.