What are 'Miranda Rights' and how do they pertain to a DUI arrest?

What are 'Miranda Rights' and how do they pertain to a DUI arrest?

Miranda Rights refer to your right to remain silent, your right to have an attorney present during questioning, and your right to have an attorney provided to you if you can't afford one. The Miranda Rights only have to be read to you after you've been arrested - that means they put the handcuffs on, put you in the car and take you away. If the police continue to interrogate you and continue to ask you questions designed to elicit an incriminating response. People call our office everyday saying, "I got arrested for DUI. They never read me my rights." The reason for that - ninety-nine percent of the time - is that the police questioned the person before the arrest, at the side of the road, before they put the handcuffs on, and before they took him away. There's no requirement that the Miranda Rights be read with regard to pre-arrest questioning, and that's how police get around it. On the other hand, if you were arrested, and after arrest, the police continue to question you without reading you your Miranda Rights, at that point anything that you said would be excluded from evidence and could not be used against you in court.