DWI Miranda Rights
If you have been pulled over, it is important to know your DWI Miranda rights. This can make a huge difference in the defense of your case.
DWI Miranda Rights | Getting Pulled Over
In New York, if you are charged with a DWI there will more than likely come a time when the police officer will sit you down and read you your Miranda Rights. That will probably come later than you’re expecting. Very often when you get pulled over, the police officer will ask you a series of questions. Where are you going? Where are you coming from? Have you had anything to drink? How much did you drink? Those questions will not be after they read you your Miranda Rights. Those questions will be asked of you when they pull you over. Those questions and those answers are not necessarily subject to Miranda Rights. Those are investigatory questions that the courts have allowed those answers to come in as evidence against you because at that point you are not in custody.
DWI Miranda Rights | Mistakes
However, if you do have the unfortunate experience of getting arrested for a DWI, eventually you will be read your Miranda warnings, more than likely. It will be much later in the process. By then you will be more tired, but it’s critical to understand that your right to remain silent and your right to have an attorney are both very real. Very often what I see and very often in the City of New York, these rights are read to you on a video. Very often people go right ahead; they’re read their Miranda warnings and they’re asked, “Sir/Ma’am, where were you coming from?” Then they answer. “Ma’am /Sir, did you have anything to drink?” and they say yes. “Ma’am/Sir, how much did you drink?” and they tell them. Be aware that you do not have to answer a question. Your case will not go any easier for you if you’re honest and forthright. I’m not suggesting you lie. That would be a big mistake, but if someone says to you that you have the right to remain silent and then they ask you how much you had to drink, remain silent. Be aware that any answer that you give, the prosecutor will attempt to use against you at your trial.
Do you have any questions about your DWI Miranda rights? Please call our NYC DWI lawyer Carl Spector today for a free consultation.