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Statements made to an officer: Miranda rights in California

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Anders Johnson
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Once you've been stopped by a San Francisco police officer for a possible DUI, the officer has already made a decision that he or she has probable cause to stop you.  As you roll down your window to talk to the officer, and the officer smells alcohol on your breath, the likelihood that you can leave at that point is slim.  And then you begin to speak.

The most damaging evidence in a DUI case are the statements you make to the officer.  Admissions of drinking, the amount you've consumed, and other responses to questions the officer is asking you.  A San Francisco DUI attorney is going to try to determine if these damning statements can be suppressed under Miranda.

In a situation where you have been "arrested" the officer must give you your Miranda advisals:  telling you that you have the right to remain silent, seek advice of an attorney, that anything you say can be used against you.  The question becomes "when" you've been arrested.  In a DUI case, the officer most likely has determined you are under the influence based on errative driving, slurred speech, the smell of alcohol, and other usual factors.  Additional questions are asked in an effort to further allow you to incriminate yourself, and have the statements used against you in court.  Without the advisals.

A qualified San Francisco DUI attorney will determine which statements are "spontaneous" and thus allowed into a trial, and those which are solicited after you are technically under arrest.  Those statements can be suppressed because they were made without the Miranda advisal.

Beyond the obvious advice, which is to say nothing other than your name during an arrest, sometimes that advice goes out the window when you are in a panic, or are attempting to get out of a DUI at the road stop.  It doesn't work.  If you remain silent, there are no statements to suppress.  If you talked too much, hire a DUI attorney to get those statements thrown out.

Category: DUI and DWI Laws For California

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