by | last updated on January 20, 2016
When pulled over in FL for DUI, Miranda rights do not always have to be read. These rights need to be read under certain circumstances, though. If an officer fails to read a person these rights when these circumstances are met, a Fort Lauderdale DUI lawyer may use this failure to read the driver his/her rights as evidence that certain information or testimony should be thrown out.

What are Miranda rights?

The Miranda rights came about in 1966, as a result of the court case Miranda v. Arizona. These rights inform individuals of their Fifth Amendment rights before they are interrogated.

Specifically, these rights specify that:

  • the arrestee has the right to remain silent and not respond to questions when interrogated;
  • anything the arrestee says in response to questions or interrogations may be used against him/her in court;
  • the arrestee has the right to an attorney (such as a Fort Lauderdale DUI lawyer) before answering any questions; and
  • if the arrestee can’t afford an attorney, one will be appointed.

Additionally, individuals must confirm that they have been read their rights and understand them.

When must Miranda rights be read for FL DUI arrests?

When a person is pulled over for a DUI or any other charge, there are two requirements that must be met before the officer needs to read these rights. First, the individual must have actually been placed under arrest, not just pulled over for investigation. Second, the police must continue questioning or interrogating the suspect.

Miranda rights are intended to notify arrestees of their Fifth Amendment rights during questioning; therefore, if they’re not being questioned, there is no need to be read the rights.

Miranda Rights and FL DUIs

If a suspect is pulled over for a DUI, arrested and then continually questioned or interrogated, he/she must have been read these rights. If the individual wasn’t read these rights, any information or answers the suspect gives to the officer will be inadmissible, as they were obtained illegally.

A Fort Lauderdale DUI lawyer can evaluate the details of the case to help determine if this information should be thrown out and not used as evidence against the suspect.

But a police officer may start asking questions before placing the driver under arrest. The officer may question the driver in the car or along the road before actually making an arrest. In this case, the officer isn’t required to read the driver these rights because an arrest hasn’t been made, and anything the suspect says can be put in the police report and used in trial.

Anyone who is pulled over for a DUI should be mindful of what they say when speaking to a police officer. Be cooperative and don’t lie to the officer, but avoid providing self-incriminating evidence.

Get Help from a Fort Lauderdale DUI Lawyer

According to the FBI, in 2010, more than 1.4 million Americans were arrested for driving under the influence. Drivers arrested in FL for DUI should contact a Fort Lauderdale DUI attorney as soon as possible. Set up a consultation to discuss building a defense against charges in FL for DUI.