What if the Police don’t read me my Miranda rights?
A Miranda warning is simply a right to silence warning given by the police before you are interrogated. By informing you of your rights, they are preserving the admissibility of your statements in criminal proceedings.
If your Miranda rights are not read, the consequence is that the statements made by the person that has been arrested cannot be used at trial. Of course your DUI case will not be dismissed however, if the defendant wants to testify at his own trial the statements can still be used against him for impeachment purposes.
We all have a Fifth Amendment Right to remain silent and if you are stopped by the police for suspicion of DUI in Scottsdale, Arizona you will be asked if you have been drinking. Please know that you do not have to answer and I firmly believe that the best thing a person can do when being confronted by the police is to ask for a lawyer and say nothing, regardless of whether or not you are under arrest.
If the Police stop you for DUI, I recommend the following
- Immediately ask for a lawyer
- Inform the police that you will not answer any other questions (except for identifying information) without your lawyer present
- invoke your Miranda rights, the right to remain silent