Do You Have the Right to Remain Silent When Stopped for DUI?

miranda rightsWhether you’re a follower of popular police and justice TV shows and movies or you are just interested in criminal justice, odds are you can probably recite the Miranda warning word for word – Or, at the very least, the “You have the right to remain silent” line. So if you find yourself pulled over on suspicion of DUI, you’d probably expect to be read the Miranda immediately upon being stopped, right?

Unfortunately, in this case, you’d be wrong. Because Miranda rights serve to inform you of your right to refuse to answer questions when the Officer asks, the law doesn’t require them to be read to you unless you meet the following conditions:

  • You are actually placed under arrest by the Officer.
  • The Officer is interrogating you, not just asking simple questions.

If you are pulled over on suspicion of driving under the influence and you haven’t been officially arrested or interrogated, anything you say to the Officer can be documented in the police report and used against you in a court of law.

The best course of action for anyone who’s had a few drinks and needs transportation? Use common sense and avoid getting behind the wheel in the first place.