Miranda Rights At Salisbury DUI Stops
The following is important information regarding your Miranda rights in Maryland and when they must be read. Contrary to popular belief you do not have to be Mirandized every time you interact with law enforcement. Below is more information regarding when you must be read your Miranda rights and what other rights you have when pulled over at a DUI stop in Salisbury, MD.
Common Misconceptions Regarding Miranda Rights
A lot of people do not accurately understand Miranda rights and how they are applied. There have been many instances where clients call where one of the first things that they say is that the officer questioned them without reading them their Miranda rights. They make the assumption that that is a violation of the law, when in fact that it is not.
The case of Miranda versus Arizona holds that a person must be advised of their constitutional rights before a custodial interrogation takes place. So, there are two very important factors that trigger Miranda. The first is that the person must be in custody and the second factor is that the person is being interrogated.
So, if an individual is in custody and if that individual is interrogated, the statements that the person makes may be suppressed if the individual was not first advised of their Miranda rights.
For a traffic stop, this typically means that the initial questioning by a police officer will occur and does not trigger Miranda. This is because that initial contact with the police and the officer’s initial questioning is not taking place while the defendant is in custody.
Therefore, the officer can ask questions without having to advise the driver of his Miranda rights. However, once the driver is placed under arrest, the officer should advise the person of his Miranda rights. In that case, failing to do so could lead to a suppression of any statements that the driver makes.
Your Rights During a Salisbury DUI Stop
A driver has the absolute right to counsel. Before making any decision about whether or not to take a breath test, the driver has the right to consult with an attorney and get advice from that attorney about the consequences of taking the test and refusing the test.
The driver also has the right to speak with an attorney prior to answering any questions once he is arrested. Once arrested, the defendant should be Mirandized, and when he is Mirandized, he is explained his right to speak with an attorney before answering any questions.
What that also means is that the defendant has the right to remain silent. He does not have to answer any questions.
The defendant has the right to refuse to answer any questions until he has the opportunity to speak with an attorney.