Miranda Rights, also known as a “Miranda warning,” are warnings the police must give before they question someone after an arrest. These warnings typically begin with the statement, “You have the right to remain silent.” If law enforcement fails to apprise you of your rights, anything you say will be ruled inadmissible by a judge. However, there are situations in which police are not legally required to issue you your Miranda Rights. Knowing those times could make all the difference in how your case turns out. If you need to know when you are usually given a Miranda warning, please read on, then contact an experienced Garden City, NY DWI | DUI attorney to learn if cops have to give you a Miranda Warning during a DUI arrest in New York.
Are New York cops required to tell you your Miranda Rights if you are pulled over for a DUI?
A Miranda warning must only be given if a suspect has been arrested and he or she is being interrogated. This means that in a DUI case, police are not required by law to read you your Miranda Rights when one or both of the following conditions are met:
- The police are still conducting a DUI investigation, i.e. after a driver is pulled over but before the driver is under arrest
- The police have arrested a driver but have not yet begun interrogating him or her
When are cops required to read you your Miranda Rights during a DUI in New York?
Police are generally only required to read Miranda Rights at a roadside DUI investigation if the following two conditions have been satisfied:
- The motorist has been placed under arrest, and
- The officer is interrogating, i.e. asking incriminating questions of, the motorist
In the thick of things, it might be difficult to know where exactly you stand. Nonetheless, you would be well advised to say as little as possible and retain the services of one of our skilled Nassau County criminal defense attorneys as soon as you have the opportunity to do so.
How can a Nassau County criminal defense attorney help you?
Aside from advising you of your rights and responsibilities as they pertain to your case, your qualified legal representative will review all available information regarding your DUI arrest (police reports, witness statements, photos, videos, et cetera) to determine if the police failed to follow the law, necessitating a reduction or outright dismissal of your charges. Please give us a call today, so we can handle the legal work.
Contact Our Long Island Firm
Criminal matters can change the course of your life forever. This is why you need an experienced attorney who will aggressively combat your charges to help mitigate their long-term effects. If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact Grunwald & Seman, P.C. to schedule a consultation. We would be happy to assist you.