New York DWI Lawyer Explains Your Miranda Rights During a DUI
I am often asked as an experienced New York DWI Lawyer, if your miranda rights come into play when being arrested for a DUI. In New York, if you are charged with a DWI, there will come a time when the police officer will sit you down and read you your Miranda Rights. 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?
These questions will be asked when the police pull you over. These questions and your 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 you are not yet in custody.
However, if you do have the unfortunate experience of getting arrested for a DWI, eventually you will be read your Miranda warnings. It will be much later in the process. It’s critical to understand that your right to remain silent, and your right to have an attorney are both very real. As a New York DWI Lawyer I often see these rights read to you on video.
Be aware, you do not have to answer any questions. 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.
Have you been arrested for DWI and were read your Miranda Rights? Contact experienced New York DWI Lawyer Carl Spector to defend your freedom.