After an arrest, you have the right to remain silent, and law enforcement will read you the warnings required by the Supreme Court in Miranda v. Arizona . These include the right to remain silent, and the right to an attorney, and that anything you say can and will be used against you. Prior to reading you these warnings, there are only certain questions that law enforcement can legally ask you, including name, address, and your date of birth. Many people have made the error of trying to explain what happened to law enforcement. It could not be more important that you exercise your rights if you have been arrested for DUI.
As a Miami DUI defense lawyer with over 30 years of experience, I have seen many cases in which the police failed to read a suspect in a DUI case the Miranda warning at the correct point in questioning. If your rights were violated, this must be brought to the attention of the court at once. I have defended over 3,000 people facing either misdemeanor or felony DUI charges, and I have gained a great depth of experience in the various ways a DUI charge can be successfully challenged, including cases related to a failure to read a suspect the Miranda Warning in any questioning or an interrogation.
Many people have made the error of believing that it will be helpful to cooperate with the police, try to explain what happened, or assert that they are innocent. Sadly, this effort to cooperate often backfires, and the case for the defense can then become more difficult. It is always important to exercise your rights, particularly the right to remain silent. Simply tell law enforcement that you want to speak to an attorney, and that you are exercising your right to remain silent. If law enforcement did not read you your rights as required under law, any of the information you provided them may be then deemed inadmissible.
Were your rights violated? You need to know before you make any other decisions about what to do after a DUI arrest. I make it my duty to each person I serve to carefully review every detail of the evidence, as well as police reports, video and testing procedures. There are many cases in which serious errors have been made by law enforcement, leading to a case dismissal.
Could your case be dismissed? Let me look over the facts in your case. If there is an issue regarding a rights violation with regard to the Miranda warnings, you can be confident that I will take immediate action to have the statements you made suppressed. You have rights and you can trust me to be an aggressive advocate for you, no matter how serious your case may appear at this moment.
Contact me at my firm today for a free initial case consultation.