Arrested for a DWI, but my Maryland DUI Miranda rights weren’t read to me
Your Maryland DUI Miranda rights are a critical part of the State’s Attorney’s Office case against you:
Last night I was stopped for speeding, doing a 39 in a 30. The officer asked if I was drinking I said the truth and replied with what I had and only 4-5 beers. Which I only had 5 beers and the last one being 10 minute before being pulled over. I was completely aware of everything and was being as truthful and friendly as possible with the officer. I did all the sobriety tests and was very nervous and scared cause this is my first time ever being in this situation. He asked if I wanted to take the breathalyzer and at this point I was even more nervous so I agreed. I blew a .089 and got put in cuffs but he never read me my rights. Then I was scared and when he asked if I wanted to take the test again at the station I refused. Do I have a good case of getting off & not have this on my record?
Your statements to the police are a very important part of the State’s DUI case. In fact, police officers are trained to ask questions prior to asking you to exit your vehicle. Unfortunately, since these statements are prior to you being place into police custody, the police are normally not required to advise you of your Maryland DUI Miranda rights.
Maryland DUI Miranda Rights – Miranda v. Arizona
In Miranda v. Arizona, the Supreme Court held that a defendant’s statements made in response to custodial interrogation must be preceded by a full warning of the defendant’s constitution rights. Specifically, a person must be warned that they have: a right to remain silent and any statements may be used against them in a criminal proceeding; a right to a lawyer, and if they cannot afford a lawyer one will be appointed for them.
The Court determined that Miranda rights are required during a DUI investigation when a reasonable person who is not actually under arrest would believe that they are not free to leave.
Miranda issues may arise in a DUI case where the police officer asks questions while conducting an investigation, but during the course of the investigation the detention becomes increasingly custodial.
In the question posted above on Avvo, this person should have been read their Miranda rights after being hand-cuffed. Here, any statements the person made after being arrested would not be permitted into evidence at trial if they were not read their Miranda rights. Unfortunately, in this case the police likely have collected enough evidence to charge this individual with driving under the influence and driving while impaired. So any statements made after being hand-cuffed will probably not add anything to the State’s case, or even be needed at trial.
Were your Maryland DUI Miranda rights violated, then contact Westminster DWI Lawyer Ross W. Albers
If you have been arrested for a DUI in Maryland, then contact the Law Office of Ross W. Albers to schedule a free consultation. Maryland DUI Attorney Ross W. Albers is a former Baltimore City prosecutor and member of the National College for DUI Defense. Additionally, the Law Office of Ross W. Albers is a 2016 Maryland Super Lawyers Rising Star in Criminal Defense: DUI. The Law Office of Ross W. Albers is located in Carroll County and handles DUI cases throughout Maryland.