The Colorado police do not always have to read you your Miranda Rights, not even when they have stopped you for DUI. Miranda rights are only required if you are in police custody and if you are in the process of being interrogated. If you have been arrested and charged with DUI in the State of Colorado, it is important to consult with an experienced criminal defense attorney immediately. There are situations when the police should have read you your rights and failed to do so. If this is the case, your attorney may be able to have the charges against you dismissed all together. Learn the importance of reading your Miranda Rights in a DUI Stop below.
The Right to Remain Silent
In 1966, the Supreme Court established that a person in police custody who is being interrogated had the right to remain silent. They determined that in this situation, suspects in custody had the right to be advised of their Fifth Amendment Rights. Thus, the Miranda Rights were established.
Is it Interrogation or Investigation?
When the Colorado police pull you over on suspicion of DUI, they have the right to ask you questions to establish whether or not an arrest is warranted. This is considered an investigation. They may ask you how much you were drinking, what you were drinking, and what time you had those drinks. You are not required to answer those questions, but the police officer still may decide to arrest you.
Once the police officer decides to arrest you and put you into custody, any questions he or she asks you is now considered to be an interrogation. As a result, police officers usually read suspects their Miranda Rights the moment they arrest someone for DUI. During this time, it is important for you to remain silent and wait to speak to your attorney.
It is also important to note that there is no specific wording to the Miranda Rights. When reading Miranda Rights, a police officer must inform suspects in custody of the following rights:
- The right to remain silent
- That anything they say can be used in court against them
- The right to an attorney
- That if you cannot afford an attorney, one will be appointed for you
In addition, officers must ensure that the suspect understands these rights and if needed, provide a translator to translate these rights into a different language.
Contact Steven Louth Today
At Steven Louth Law Offices, our Boulder DUI defense lawyers know how serious these charges are and we fight aggressively for our clients every step of the way. From your arrest to the courtroom, you can rest assured knowing you have a solid defense team of experienced attorneys on your side.
Contact the Boulder criminal defense lawyers at Steven Louth Law Offices today for a free consultation and review of your case. Call us at (303) 422-2297 to start building a solid defense against these serious criminal charges.