Miranda warnings are important in a DUI case once you are being interrogated in custody. Interrogation is where the police ask you questions about your DUI like whether you were drinking, driving, drugs, time of operation, and being under the influence.
Custody can apply to being back at the station in an interview room. Less well known is that it can also apply in a DUI case when the person is under arrest and their freedom of movement is restrained in a police car during the drive back to the station.
Not all police will give the warnings after arrest. Sometimes they wait until the defendant is back at the station to give them. However this takes careful analysis because the officer can ask questions to try and solicit a confession on video in the car.
It is important to invoke your right to counsel and right to remain silent as soon as possible once taken into custody. Be aware that the statements you make during the noncustodial encounter at the roadside are not always protected.
It is best not to say anything. Being listed as polite and cooperative in the police report will be of little value to your defense attorney when you admit the crime of DUI/OVI. That is not to say that you should be rude or combative. Just that you should politely tell the office you do not wish to make any statements or take any tests at this time.
Give the officer your license, insurance, and registration. Then be sure to tell the officer you wish to invoke your right to counsel and right to remain silent as soon as you are arrested or taken into police custody.
Be safe and remember, if you or a family member has been arrested for DUI or OVI in the Akron Area – including: Summit, Portage or Stark Counties – call Suhre & Associates at 330-564-1126. We are available 24-hours a day, 7 days a week. Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and 3 FORMER PROSECUTORS to work….for you!