One of the most common misconceptions about DUIs in Los Angeles and across California is the belief that the absence of Miranda rights invalidates a DUI case. In reality, this is a rare occurrence.
That's one of the first things people tell me when they come into my office. They didn't read me my Miranda Rights – do you believe that? Somehow, they think that it can now be used to win their DUI case. The truth is, they don't have to read you your Miranda Rights every time, and if they don't, it usually doesn't make much difference in a DUI case. This is a rare occurrence, and in most cases, it's not a factor to worry about.
Police Do' Have To Read Miranda To Make a DUI Arrest
The evidence they're going to use in a DUI case is your breath or blood result to be able to prove whether or not that is a .08 or greater. They don't need you to say anything to them to prosecute you for a DUI, typically.
You're either a .08 or greater, or you're not. Of course, if there's more to it than that, how you're driving, how you do on a field sobriety test, and a host of other factors are going to control what happens in your DUI case. Still, they have to read somebody their Miranda Rights if they want to use a statement against them. So, if they don't want to use someone's word against them, they don't have to read them the Miranda Rights.
In different criminal cases other than DUIs, the police do read the Miranda Rights because many times, if the person is in custody and wants to make a statement. So, suppose you don't read somebody their Miranda Rights, and they're in control. In that case, you're asking them direct questions, or you're saying things that would trigger another person to incriminate themselves or give incriminating information. You have to read them their Miranda Rights.
If you don't read the Miranda Rights and you're in law enforcement, any statement the person makes cannot be used against them. You can still prosecute the person; you can't use their words.
That does become applicable at times, depending on the circumstances. For example, let's say someone gets into a DUI crash, leaves their car there, walks away, and gets miles away from the scene of the accident, and the police find them. The police will start asking you questions.
When did you crash? Were you the one who hit? Were you driving? If they can pinpoint the answers to those questions, then they will be able to hold him accountable for the DUI. However, I've won many cases when the person is not present. They're not driving.
You have to be driving for it to be a DUI, but of course, if the police can prove that you were going at some point that wasn't too far away and you crashed, they can still get you for the DUI.
But if they arrest you in that example that I gave, and they start asking you questions and don't give you your Miranda Rights, then your attorney argues that they're not going to be able to use the answers to those questions because they didn't read the Miranda Rights. That doesn't happen very often in the standard DUI. The police arrest the person, and they've got him right there, and they're able to prosecute him for the DUI.
Circumstances Where a Case Can Be Dismissed
The answer to this question is yes. There are circumstances where, if they don't read the Miranda Rights, the person may not be held accountable for a crime. It just doesn't happen very often.
If they needed the person's statement to convict them of DUI and the person was in custody, they were being asked direct questions that could incriminate them, or the police were taking certain actions to get them to make incriminating statements.
The Miranda Rights were not given; the person made an incriminating statement. The defense can file a motion and argue that the statement should be allowed against them. If the prosecutors need that statement to prove the case and tie in the rest of the evidence, the statement is taken away from them. They're going to have to dismiss the case.
Unfortunately, there's just been an erosion of Miranda since it came into being. The courts have just cut it to pieces. I do Miranda hearings all the time. What you do is get the police officer in there, and the defense attorney is entitled to cross-examine him. What are the circumstances? Was the person in custody?
You were asking him questions. It brings up the scenario where the police caught a person they suspected had used a shotgun to kill somebody. They needed somebody to prove to get the ballistics and obviously, if the person admitted that the gun was there because they couldn't find it after searching their house.
They'd be able to convict them of the crime. They had the person in the back of the car – and again, I'm paraphrasing here on the case – but they said to the guy, Hey, it sure would be said if some little kid got hold of that gun and killed themselves. The police say a bunch of other stuff, and the guy feels bad, so he gives the gun's location, and then he's prosecuted for it.
In that circumstance, even though they're not asking direct questions – hey, where did you put the gun? – They're saying things that are designed to get him to incriminate himself. So, that's a circumstance where you could say that they got a statement from him improperly.
Miranda Rights and DUI Cases are Normally Irrelevant
They didn't read him the Miranda Rights, and you can get the case overturned. Again, those situations just don't come up that often, so the Miranda Rights, as they relate to DUI cases, are usually pretty much irrelevant. There are circumstances where they do apply.
If you think you've got a case based on what I just said, you can either damage the chance or get it completely dismissed because they're relying heavily on your statements. They didn't give you your Miranda Rights? Then, obviously, give me a call, and we can sit down and talk about it. Remember, seeking legal advice is always a smart move and can make a significant difference in your case.
Another way the police get out of reading people their Miranda Rights associated with a DUI is that they say Listen, the person wasn't in custody. I just pulled him over. I wanted to talk to them. They had committed a traffic violation, so I asked them simple questions, and I could smell the alcohol on their breath.
They admitted to having five drinks, so they can often get around the Miranda warnings by claiming the person was not in custody. They were just detained. I was talking to him. I was conducting an investigation.
