I’m criminal defense attorney Andrew Long, and founder of Rising Phoenix Law Group. Today I want to address a question I often receive when doing consultations for DUIs. The question I often get is, if I am not read my Miranda Rights, when I am pulled over during a DUI investigation or an ongoing DUI investigation, does that mean that my statements or answer to questions from the officer do not come into. The answer in almost all situations is yes, unfortunately they are going to be admitted into trial. The reason for this is the court held that an officer conducting a DUI investigation on the side of the road while he or she is interrogating you, you being subject to a DUI investigation, does not constitute custody.

If you’d like to refer to an earlier video I did about your Miranda rights, two things have to be occurring for Miranda to apply: custody and interrogation. What this means is that you are not in custody according to the court. I guess it could be argued, but the, the current law is that you are not in custody when the officer comes up to your window and says, where are you coming from? How many have you had tonight? All the questions that are examples of what are going to be asked if an officer suspects you of driving your vehicle while under the influence of drugs or alcohol, what this means is that it is even more important that you invoke your right to remain silent.

Your right to remain silent is not triggered by custody. Your right to remain silent is a right that you have at all times. So my advice, when an officer comes up and asks you, where are you coming? How long ago did you drink? How much did you have to drink? What did you drink the answer to all of those questions should be, I’d like to speak with an attorney before I answer any of your questions, because those answers you give to an officer on the side of the road.

Unless you are in the back of a cruiser, unless you are placed in handcuffs, an attorney is not going to be able to successfully argue that you are in custody during that DUI investigation. So remember, invoke your right to remain silent and give me a call.