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No Legal Obligation for a DUI Arresting Officer to Advise a Suspect of their Miranda Rights

By Walin & Klarich

Comments From a California Criminal Defense Attorney The Courts have held that the questions asked by a police offer during a California DUI stop are asked before the person is in custody for purposes of Miranda. Meaning, in most instances, there is no legal obligation for an arresting officer to advise a suspect of their Miranda rights. Even when there is a Miranda violation, it will merely result in the suppression of statements obtained as a result of the violation. It will generally not result in an outright dismissal. The courts? rulings in the area of Miranda deal primarily with the ability of a police officer to ask limited investigation questions in a roadside scenario. Often times, police questioning goes beyond mere limited investigative questioning...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 22, 2009 (boomark / email).