Legally, law enforcement officers in California must read you your rights after you are arrested and before they begin asking you questions. However, sometimes a police officer skips this necessary step and begins interrogating someone without informing them of their rights following an arrest for driving under the influence (DUI).
You may wonder if your DUI case will get dropped if the police didn’t read you your rights. Find out how a failure to read you your rights can impact your DUI case here with the Simmrin Law Group. Focus on building a defense to any DUI charge by calling us at (310) 896-2723.
Focus on the Definition of Your Rights
Before we review the legal repercussions of a police officer failing to read you your rights, let’s consider what these rights are. You have probably heard of your Miranda rights. These are the rights promised to citizens of the U.S. by the 5th Amendment to the Constitution.
According to the 5th Amendment, you have the right to:
- Stay silent and not answer questions that could incriminate you
- Speak to a lawyer before talking to the police
- Have a lawyer present while you are questioned about your charges
- Ask for a lawyer later if you initially answer questions without a lawyer
Police officers use different phrasing to read you your rights in different jurisdictions. As long as they mention all of your rights, they will have successfully read you your rights and issued a Miranda Warning, even if it does not sound exactly the way you may have heard the speech on television.
Police Officers Must Read Your Rights Before Interrogating You
Some drivers are under the impression that a law enforcement officer must read them their rights as soon as they are arrested. This is not always the case. In fact, in many cases, police officers can wait to read your rights until after you are arrested and before they interrogate you.
Note that police officers do not have to read your rights if they ask you questions before arresting you. They may ask you questions as soon as you are pulled over for a DUI. You can still legally decline to answer these questions, but you should not lie at any point.
Everything you say to a law enforcement officer can be used to build a case against you, either before or after your arrest. It is highly recommended that you contact a criminal defense lawyer in Los Angeles as soon as you can after a DUI arrest. Call (310) 896-2723 to start working with the Simmrin Law Group now on a strong defense.
Results of a Police Officer Failing to Read Your Rights
Law enforcement officers are often very careful to read an individual their rights. However, mistakes happen and you may not be read your rights when it is legally required. In this situation, it is very important that you tell your DUI lawyer immediately.
Once your DUI lawyer knows that you were not read your rights, they will:
- Find out what you said without the knowledge of your rights
- Work to get everything you said blocked as evidence
Note that statements you made without knowledge of your rights will not automatically be removed from the evidence against you. A judge must approve your DUI lawyer’s motion before your statements are excluded from the case.
Outcomes of Excluding Evidence from Your DUI Case
Blocking evidence provided by your statements does not mean that your DUI case will automatically be dropped. The outcome of your case will often depend upon the strength of the rest of the evidence against you. If the prosecution’s case is otherwise weak, a lawyer could work to:
- Ensure your case is dropped and dismissed
- Secure you an acceptable plea bargain
However, in some cases, the prosecution may feel confident in the rest of their evidence. Your lawyer may need to take your case all the way to court in California, even if you were not read your rights after a DUI arrest.
Call a Lawyer if You Were Not Read Your Rights After a DUI
Your DUI case could be dropped if the police did not read you your rights after your arrest. Allow a legal professional to assess your situation now by contacting the Simmrin Law Group. Our team of DUI lawyers in Los Angeles is standing by today to help, starting with a FREE initial case evaluation.
Complete our online contact form or call (310) 896-2723 to start building a strong defense to DUI charges in California.