The Miranda warning, also known as “Miranda rights,” is a warning given by police officers to suspects before interrogation to preserve the admissibility of suspects’ statements in legal proceedings. The Miranda warning advises suspects of their rights to remain silent and to have an attorney present during interrogation.

In California DUI cases, a violation of your Miranda rights might result in the suppression of some of the evidence against you. If you are not considered to be in custody, however, a police officer isn’t obligated to advise you of your Miranda rights; nevertheless, beyond providing basic identification like a driver’s license and auto registration, you have a right to remain silent. Without a lawyer’s presence or counsel, you should decline to decline to answer questions from the police.

If your Miranda rights are violated in a DUI case, your attorney will probably be able to suppress any verbal statements you made so that they cannot be used against you. In most cases, evidence unrelated to the interrogation (alcohol test results or dashcam video, for example) is still considered admissible. However, in many situations, individuals facing a DUI investigation voluntarily provide information even before being placed in custody.  In such situations, there is no Miranda rights violation because a police officer does not have any obligation to provide a warning prior to placing a suspect in custody.

If you are charged with DUI in California – whether or not you are interrogated or receive a Miranda warning – you should obtain the services of an experienced DUI defense attorney immediately. A good DUI defense lawyer will help you gather evidence and witnesses, dispute test results, and will work hard to have your charge reduced or dismissed entirely. DUI is considered serious in California, so take it seriously; if you’re facing the charge, hire an experienced California DUI defense attorney right away.