Once you have been arrested and are in custody, the police must read you your Miranda Warnings if they are going to ask you questions. When they read you the Miranda rights you will learn that you have the right to remain silent, what you say can be used against you and that you have the right to speak to an attorney and have an attorney present. If the police fail to give you Miranda Warnings, anything you say can be challenged and can’t be used against you but your case will not be dismissed.
In a DUI context, however, because driving is a privilege and not a right—and you already gave your consent to submit to sobriety tests required by law as a condition of driving—you do not have the right to an attorney until after the police officer offers the breath test and you either take it or refuse.
Do You Need A Miami DUI Defense Laywer?
If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book "A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest". This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.