What about my Miranda Rights?

 Posted on July 23, 2024 in DUI

By Amanda Stafford, Esq.

One of the most common questions the attorneys at The Behan Law Group get asked is "Didn’t the officer have to read me my rights?" And the answer is technically no. The police do not have to read you your rights just because they are arresting you.

The police must read you your rights if you are in custody and being interrogated. But what exactly does that mean? Courts have spent a long time trying to figure that out.

Generally, if you are not free to leave, then you are in custody for the purposes of Miranda. If an officer is asking you questions generated to gather an incriminating response, then you are interrogated. Courts have also said even if an officer is not directly asking you questions, there are still instances where your Miranda rights must be read to you.

Remember, the police don’t have to read you Miranda in order for you to request an attorney.  You should do that any time you faced with questions from the police.

In DUI cases, it is common practice for the Tucson Police Department to Mirandize each person after the Field Sobriety Tests. However, for the Oro Valley Police Department, and other police departments, it is rare that someone is Mirandized during a DUI investigation. Each agency has their own polices about whether they choose to read Miranda to a suspect.

Even if you are eventually read your Miranda rights, does not mean that they were read soon enough. At The Behan Law Group, we have successfully negotiated the suppression of all statements when someone was arrested and questioned then later Mirandized and questioned again. This ultimately helped to lead to not guilty verdicts on all the DUI charges in that case.

Whether you are read your rights or not, you still have the right to an attorney. The experienced attorneys at The Behan Law Group successfully fought to have evidence suppressed when an Oro Valley Police Department officer failed to honor a client’s request to speak to an attorney.  That suppression ultimately leading to the case being dismissed.

If you or a loved one is charge with DUI, you need an experienced attorney who is familiar with practices of the police and is willing to fight for your rights. Contact The Behan Law Group today at 520-220-5047.