Know Your Miranda Rights at a DUI Stop

October 11, 2024
Bea Farris
A police officer places handcuffs on a car thief after apprehending them.

Law enforcement must follow proper procedures and protocols during a driving under the influence (DUI) stop, but most people don’t know when their Miranda rights actually apply and when police must provide your Miranda Warning.

If police pull you over for a DUI and you don’t know if they violated your Miranda rights, contact a skilled and knowledgeable DUI defense attorney immediately.

Our team of experienced lawyers at Farris Law Firm can help you and your loved ones navigate the stressful legal aftermath of a DUI stop. Contact us today at (818) 861-0861 for your free case evaluation.

Why Should I Hire Farris Law Firm for My DUI Case?

A toy car, handcuffs, and a bottle of alcohol are displayed against a colorful background, illustrating the dangers of driving under the influence.

Getting a DUI charge in California can be a stressful and confusing experience, especially if you are unsure if your Miranda Rights were violated at the DUI stop and during the DUI arrest.

At Farris Law Firm, we have experience defending our local California community as they attempt to navigate the criminal justice system after being charged with a DUI.

Founded in 2024 by husband and wife Charles and Beatrice Farris, Farris Law Firm utilizes its team’s experience managing thousands of misdemeanor and criminal cases to deliver positive results to its new clients.

Our firm prioritizes our local community in the Valley. We give each client the focus and dedication to their case that we believe they rightfully deserve.

We start each client relationship with a free consultation, during which we learn more about the client’s charges and circumstances before providing our guidance on the best path forward for their case.

Our office is conveniently located in downtown Burbank on North 3rd Street, just down the street from the Burbank Courthouse.

Call our team today if you or your loved one were charged with a DUI in California. Let us help you build a strong defense for your case and help you understand your Miranda rights.

What Are the DUI Laws in California?

California has specific laws and legislation regarding driving under the influence. It is important for anyone driving in the state to be familiar with local laws and how they could impact them.

Implied Consent

A young driver holds a bottle of alcohol while behind the wheel of a car, emphasizing the message of a campaign against drinking and driving.

California is an implied consent state, meaning that by getting behind the wheel in California, a driver agrees to consent to law enforcement to test them for the use of drugs or alcohol if law enforcement suspects the person is driving under the influence (DUI).

If a person refuses to take the blood or breath chemical test after law enforcement pulls them over under suspicion of a DUI, they could face penalties, such as fines, immediate imprisonment, or having their driver’s license suspended or revoked.

Admin Per Se Law

California has an Admin Per Se (APS) law, which means law enforcement does not have to prove the driver showed any signs of impairment if the person tests positive for an illegal amount of alcohol or drugs in their system.

This law specifies that law enforcement can suspend or revoke a person’s driver’s license if they refuse or fail to take a blood or breath chemical test to determine their BAC level. The APS law also outlines that law enforcement can suspend or revoke their driver’s license if the person’s blood or breath chemical test shows a BAC level at or above the legal limits.

What Are Miranda Rights?

Miranda rights apply under the 5th Amendment in the section commonly known as the Miranda Warning. The Miranda Warning states that a person taken into custody by law enforcement has the following rights:

  • The right to remain silent and that anything they said can and will be used against them in a court of law
  • The right to an attorney, and if they cannot afford an attorney, one will be provided for them

The Miranda Warning ends with law enforcement asking for confirmation from the person that they understand their rights as the officer has explained them and if they would like to speak to law enforcement at that time.

If a person would like to invoke their Miranda rights, they must state to law enforcement either that they would like an attorney, would like to remain silent, or both.

Miranda rights only apply when a person is taken into custody for interrogation by law enforcement, meaning they are not free to leave. Therefore, Miranda rights do not apply initially during a DUI stop. Anything a person says before being taken into custody by law enforcement does not fall under their Miranda rights and can be used against them. Common questions asked by law enforcement during this phase of the DUI stop include asking if a person has been drinking or if they are on any drugs.

Work With a Trusted DUI Defense Lawyer

A judge's gavel sits beside a whiskey glass and car key, symbolizing the consequences of driving under the influence.

People commonly feel scared and upset after a DUI stop, sometimes unsure if their Miranda rights were violated during the stop.

Most people do not understand what the DUI charges against them mean or what they can do to better defend themselves. If they meet with the prosecution alone without seeking their own legal counsel, they could become intimidated by the prosecution’s tactics and think they need to take the initial plea or offer.

At Farris Law Firm, we understand how challenging it is for people and their loved ones to try and navigate the worrying aftermath of a DUI charge alone. We strive to ease this stressful time by evaluating your case’s facts and helping you build a strong defense against your charges.

If authorities charged you or a loved one with a DUI, contact our team at Farris Law Firm today at (818) 861-0861. Let us review whether anyone violated your Miranda rights and build a strong defense for you.