Miranda Rights Violated? Florida DUI Attorney Explains Why Police Didn't Read You Your Rights

Do the Police have to read you your Miranda Rights while investigating you for drinking and driving? What if they actually arrest you for drunk driving? Unfortunately, the answer is no and a South Florida DUI Defense Attorney explains why.

If you have been arrested for DUI, you may be wondering why the police didn't read you your rights at any point in the conversation. Did they make a mistake? Unfortunately, in many cases, police officers do not have to read you your rights.

Your Miranda Rights protect you from self-incrimination. That means if a law enforcement officer asks you questions that may elicit an incriminating response, you have the constitutional right to remain silent in order to protect yourself from saying something that can be used against you in court.

If a police officer suspects that you are drinking and driving, he or she will pull you over and ask you a series of questions. They are allowed to ask you basic, everyday conversational questions. They are not allowed to interrogate you, but they may ask where you are going and where you are coming from.

The line between conversation and interrogation gets blurred if a cop asks you if you've been drinking. Clearly, it does not sound good if you tell an officer that you've had a drink before getting behind the wheel.

It is not illegal to have a drink before driving, it is only illegal to be impaired and have your breath and blood toxicity above the state's legal limit. Nonetheless, if you confess to drinking before driving, a cop will almost always believe you are impaired.

A cop must read you your rights before conducting a "custodial interrogation". This is when you are in police custody and they are heavily questioning you in order to obtain evidence against you. If you are in your car and get pulled over by a cop, you are not necessarily in police custody. If this concept seems strange to you, don't worry- it seems strange to us as well. If you are not free to leave, how are you not in police custody?

Nevertheless, a police officer will more than likely ask you questions that paint you in a negative light and subsequently arrest you if you are suspected for drunk driving.

There are always defenses a DUI Lawyer can make for you if you get arrested for DUI. If you would like more information, contact the DUI Defense Legal Team at the Rossen Law Firm in Fort Lauderdale, Florida.

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[libertatem_aut_mori_conatur]

isnt the failure to read you miranda rights when asking how much you had to drink or when is the last time you drank etc.... while technically in custody unconstitutional? and if so title 42 U.S.C 242 protecting you from unconstitutional laws because of arizona v miranda 1966?

[libertatem_aut_mori_conatur]

Can I motion to vacate with Fla. R. Crim. P. 3.850 because of coercion, neglected representation, scientific studies on time entered in system disabilities without reasonable accommodation to an FST Uncontrolled diabetes double weight recommendations by cdc with bad breathalyzer etc? I just started studying law as a result of a bad DUI. You seem like the best florida lawtyer on the topic I have seen would love to know a few of these, maybe even a consult ?

[ximenaboyer]

I have never ever had any records in my life, now I have to fight this. I heard that the reservation police cannot arrest you?

[ximenaboyer]

I was arrested without any explanation of the accusations in a reservation land. I was set up by my ex fiancée accusing me of theft without proof. No one read my Miranda rights, took me to jail for 7 hours and I was bond out for $1000. My ex fiancée took me to court for a laptop, earbuds, a briefcase and a 8” ring light, I told the judge it was a gift but I will do whatever he want me to because I do not need problems over such a stupid things. After the mediation, the coward of my ex fiancée went to the sheriff and accused me of theft. What I should do?

[triciawoodward]

Respectfully- disagree. Maybe you see it differently in Florida - but if they’re not interrogating you after putting you under arrest - Miranda doesn’t apply. Some police are smart enough to not ask questions and let the arrested person sing like a bird and admit to all sorts of things. Of course / before an actual formal interrogation- they better have their Miranda’s read to them - but it isn’t required just because an officer is talking to them prior to arrest……

[govcorpwatch]

physical human beings do NOT have miranda rights. Miranda rights are LITERALLY only for and read "against" the legal presence. attorneys like this are unlawfully confusing the human being with the "legal presence." Attorneys like this are treating your legal presence as representing you AND BEING you... attorneys like this WILL NOT explain how you can be both REPRESENTED by a legal presence and BE the legal presence simultaneously... when both are mutually exclusive relationships between the human and legal presence.