San Francisco DUI Lawyer California DMV Hearing Attorney

• Introduction
• What To Do First
• Elements of the Offense
• BAC Calculator
• Misdemeanor DUI Case
  • Investigative Considerations
  • Miranda Warnings
  • Pretrial Motions:
    • Suppress DUI Evidence
    • Motion for Discovery
    • Pitchess Motions
    • Blood Sample Motion
    • Motion to Strike Prior
    • Miranda Violations
  • Plea Bargains
• Criminal Jury Trial
• Criminal Court Punishment
• Alternative Sentencing
• Sentencing Enhancements
• Refusal Cases
• Felony DUI Case
• Medication Cases
• Drug Cases
• Federal DUI Case
• Out-of-State Drivers
• Drowsy Driving
• Post-Conviction Relief
• Ignition Interlock Devices
• Motorcycles, Boats, Planes
• California Highway Patrol
• California DUI Resources

Miranda Violations

California criminal defense attorneys typically make several pre-trial motions before the case goes to trial. Pre-trial motions, if they succeed, will aid the defendant and the defense lawyer by suppressing evidence and statements that may harm the defendant’s case.

One pre-trial motion may be used in a driving under the influence (DUI), or driving while intoxicated (DWI) case is a motion to suppress driver's statement because of a Miranda warning violation.

Criminal suspects must be warned of their Miranda rights prior to questioning. If a suspected DUI driver is arrested and then questioned without being advised of his or her Miranda rights, a successful motion to suppress will result in the exclusion of any statements.

Miranda warnings stem from the groundbreaking U.S. Supreme Court case of Miranda vs. Arizona, which set the precedent that criminal suspects must be advised of the right against self-incrimination and the right to have an attorney present during questioning. Although the court's ruling didn't specify the exact wording, most Miranda warnings are as follows:

"You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to have an attorney present now and during any future questioning. If you cannot afford an attorney, one will be appointed for you at no cost."

The central Miranda issue in a driving under the influence (DUI) case is whether the defendant was actually under arrest when any incriminating statements were made. Generally, suspects do not need to be advised of their Miranda rights prior to arrest. Pre-arrest questions are typically investigative in nature and normally occur during relatively brief traffic stops.

Police officer can ask questions such as "Where have you been", "Have you been drinking", "When did you drink", or "How much have you had to drink", and the answers are admissible in a DUI case because they occurred before an arrest.

However, statements made after a driver is placed under custody are subject to Miranda warnings. Statements obtained as a result of an unlawful detention, arrest, or search may be suppressed, depending on the circumstances. For example, if police did not have adequate probable cause in pulling someone over for a DUI, then a driver's admission that he/she had had two beers may not be admissible.

The U.S. Supreme Court has determined that certain types of questions are permitted during a brief traffic stop. However, if the stop is prolonged without adequate and substantiated reason, then the detention is no longer brief, and any statements made to police may be considered involuntary and therefore inadmissible.

Many California drivers arrested for DUI fear that statements made to police after the arrest mean an automatic conviction, but that's definitely not the case. A San Francisco Bay Area drunk driving attorney who concentrates on DUI defense may petition the court to suppress certain statements because of Miranda violations.

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