Constitutional Protections in DUI Cases

Your Miranda Rights and DUI: Not as Helpful as You May Think

Even if you have never been arrested, you probably know the Miranda Warning. It is the warning police are required to give suspects while initiating a valid arrest and features prominently in any sort of media involving police investigations. The full text of the standard Miranda Warning is provided below:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Sounds familiar, right? There are variations, but the core idea is the same. Due to your 5^th Amendment right against self-incrimination, you have the right to refuse to answer incriminating police questions. Additionally, it is your 6^th Amendment right to have counsel when under arrest or if you are suspected of a crime.   

DUI Miranda Rights and Constitutional Protections

While your Miranda Rights are an important part of your Constitutional protections, police officers are not required to Mirandize you until you are arrested and they start questioning you. In DUI cases, you are generally not under arrest until after the officer conducts an investigation—such as asking you to perform field sobriety tests and/or breathe into a breathalyzer—which means they do not have to read you the Miranda Warning at that point.

Of course, it is important to remember that you still have the Constitutional right to remain silent, regardless of whether you were Mirandized or not. That means you do not actually have to answer any questions or submit to any tests during a DUI stop, except for showing the officer your license and registration for identification purposes.

Problem is, refusing such tests in DC will, per DC Code §50–1905, may result in an automatic 12-month suspension of your driver’s license (not a guarantee and the expert DUI lawyers at Ervin Kibria Law can in many instances prevent this. Call us for more information). If this occurs, you are required to undergo a reinstatement hearing to get it back, and even if you are acquitted of your DUI charges, the DMV will not automatically reinstate your license simply based on that fact.

Additionally, if you have a prior DUI on your record and you refuse the tests, a jury can be instructed to assume you were intoxicated unless other evidence exists to overturn that presumption. The District of Columbia has a no-tolerance toward DUIs, and this policy is reflective of this stance. 

All that said, your rights still matter. There are times when the police do neglect to Mirandize you when they should have. There are also cases where the police may not have had probable cause to stop you in the first place. Other circumstances can factor into what sorts of defenses can be raised, so it is important to speak to a DC DUI Attorney right away if you run into trouble involving DUI charges in DC.

Experienced DC DUI Attorneys like Nabeel Kibria can help you navigate the various complexities and nuances when you face DUI charges and help you get the best outcome possible with aggressive tactics proven by years of criminal defense expertise. Do not hesitate to contact Ervin Kibria Law today to schedule your free consultation.