According to Miranda rights:
“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?”
Miranda rights have always been in question for not been read before their DUI arrest. So will you be barred from your DUI charge if the police officer didn’t read the Miranda rights to you before arrest? Let’s find out!
When Are Miranda Rights Read in Greenville?
If you are stopped for a DUI in Greenville, you will be informed about Miranda rights depending on your case.
If you are told to pull over by the police officer while driving, one of the reasons could be suspicion of a DUI or reckless driving.
In either case, first, the police officer will ask for your driving license, insurance, and registration. At this point, they will take due notice of how you present the documents. It will show your ability to multitask which gets impaired usually when you are under the influence.
Next, he will ask you to submit your breath for the breathalyzer or field sobriety tests. If you fail either of these tests, the police officer will have the right to arrest you for DUI.
However, before the arrest, you have the right to know the reason for the arrest. Also, it is the responsibility of the arresting police officer to read Miranda Rights to you at this point.
Once Miranda rights are read, anything you say will act as evidence against you in the court of law (as Miranda Rights reads as well).
If you are not hiring a lawyer, make sure you only speak when necessary without causing trouble for yourself.
Miranda Rights in Greenville
So, what happens if the police officer doesn’t read Miranda rights in Greenville before arresting? The police officer isn’t obliged to read the Miranda rights after charging a person for DUI in Greenville, South Carolina. However, they are always required to read and tell you about your rights before charging you.
Before starting the questioning after a DUI arrest, the police officer will always inform you about your rights. The rights that say you have the right to remain silent.
Also, it should be noted that the person has the right to remain silent even before being arrested. Therefore, he can choose to answer none of the questions the police officer asks.
A police officer can arrest you for a DUI charge, only if:
- He can reasonably state the reason for arrest
- He has a probable belief that the person is under the influence through the pre-arrest questioning session, field sobriety tests, breathalyzer test, etc.
When Are Miranda Rights in Greenville Applied in DUI Cases?
Not all DUI cases make it necessary for the police officer to read Miranda rights in Greenville. They can be applied under the circumstances like:
- In a hit and run case arrest, and the police later found that the arrestee was driving under the influence
- If the people were initially stopped for DUI investigation, however, police later found that he is a victim of another crime as well
- When the police find objectionable evidence before DUI investigation, like possession of drugs
- When the person is taken under custody before final arrest
According to Miranda vs. Arizona landmark case, the suspect has the right to remain silent as per the 5th Amendment. All evidence collected by the police officer through forced interrogation cannot be produced before the court of law as evidence.
Contact a Greenville DUI Lawyer
In the circumstances like these, a DUI attorney can be of great help. He is the right person that can challenge the integrity of the DUI arrest. In addition, the results of the field sobriety test can also be challenged.
Apart from Miranda rights in Greenville, there are various rights a person under DUI arrest in Greenville enjoys that can only be put to use when you have an experienced DUI attorney by your side. The repeat DUI offenses in Greenville, South Carolina, are harsh, requiring the person to pay high penalties and put them behind bars for at most seven years. Taking the help of an attorney can be beneficial in avoiding such punishments.