Utah DUI Miranda Rights
If you have ever watched a TV show or movie about law enforcement, chances are that you've heard a police officer read the suspect his or her Miranda Rights. These rights also apply to you if you're arrested for driving under the influence (DUI) in Utah. A defense lawyer can work with you to determine if your Miranda Rights were violated at any time and take the appropriate steps to address any issues that may have affected your case.
What Are Miranda Rights?
Law enforcement agents were required to begin informing suspects of their constitutional rights following the U.S. Supreme Court ruling in the case of Miranda v. Arizona. The Court found that the plaintiff's rights were not explained to him during the course of his arrest, and sought to address this common situation.
The Miranda Warning--read by officers after an arrest--informs you of your right to remain silent and warns that anything you say can be used against you in court. The warning also explains that you have the right to speak with an attorney before being questioned by the police and that, if you initially waive your right to counsel, you still have the right to request an attorney during questioning. In addition, the warning also states that an attorney may be appointed to you if you cannot afford one. After informing you of the Miranda Warning, the officer must ask if you understand your rights.
Please note that reading the Miranda Rights is not required after every arrest--just before conducting an interrogation. This means that anything you say--unprompted by the police--can still be used as evidence against you. For example, if you begin talking about how much you had to drink while riding in the back of the patrol car back to the police station, the officer can testify about your statements in court.
Speak to a Utah DUI Attorney Today
The courts take suspects' rights seriously; therefore, if you were questioned without being read the Miranda Warning, there is a chance that your statements may be suppressed during the trial.