Arrested on a DUI in Los Angeles – should you be read your rights?
You have been stopped for a suspected DUI offense in Los Angeles; should the officer who stops you read you your rights. It may surprise you to learn that US law is such that the answer to this question is, not necessarily. The thing about the Miranda warning, which is commonly referred to as Miranda rights is that it applies to people who are in police custody and who are going to be questioned about a crime.
Neither of these applies when you are first stopped as the result of a potential DUI. By the time any arrest happens, police may already have all of the evidence they need and they may not want, or need, to question you. Let's take a look at this in more detail.What happens when you are stopped for a possible DUI?
As we mentioned at the beginning of this article, you could have been stopped on suspicion of a potential DUI, while driving around the streets of Los Angeles. When this first happens you are not in police custody, so there is no requirement to read you your rights. When you are stopped, the police have the right to conduct a field sobriety test or a blood alcohol concentration test. Depending on the results of these tests, they may then decide to arrest you. As you were not in police custody while the tests were undertaken, the results can be used in court, as can anything you say during this period.What about after the arrest?
If you are arrested, due to the results of the tests, the police may still not necessarily read you your rights. This is because they already have the evidence they need and they do not want to question you. Yes, you are now in police custody, but no questioning is going to take place. This means that Miranda rights do not need to be read.What can the consequences of a DUI be?
You can see how easy it is to find yourself on the receiving end of a DUI charge. If this happens to you then you need to speak to a Los Angeles DUI lawyer, to help you with your case. You need to ensure that you are well represented, as the consequences of a DUI charge can be very serious. You can face a longer sentence if there are other circumstances:
You were speeding more than twenty miles an hour over the limit.
You had a minor under the age of fourteen in the vehicle with you.
You have a previous DUI conviction in the previous ten years.
Your blood alcohol reading is exceptionally high.
This list is not exhaustive and you should take a look at the guidance if you want to know more. The easiest way to avoid a DUI charge is to not drive under the influence in the first place. If you have been stopped, you should find this information useful in your legal dealings.