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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

Are Miranda Rights required Vista DUI stops?

     Miranda rights in Vista DUI stops, or anywhere in North San Diego County are not required at the initial DUI stop and investigatory detention.  Miranda rights are the rights against self incrimination, the right to remain silent, anything you say can be used against you, you have a right to an attorney etc..  They are required once the detention becomes an arrest.  Then you must be given your rights  before any additional questioing.  You always have these rights, but only have to be advised once once the detention becomes an arrest.  While it is recommended you remain polite and cooperative to an extent, you do not have to answer any questions that could incriminate you about your drinking and driving.  There are alot of people who think they can talk their way out of arrest and make statements which can be used against them. 

     Many people mistakenly believe if you were not given your Miranda rights after you have been stopped for a DUI in Oceanside, Vista, or anywhere in North County, that your case will be dismissed. Your rights need to be given to you sometime after the initial detention when the officer has probable cause to arrest you and you are not free to leave. Sometimes even after you are arrested, the officer does not give you your rights because he does not question you further.  NO questions then no rights necessary.

If he should have given you your rights and did not, the remedy is to initially suppress your statements, and only allow your statements in to impeach you if you testify differently. Even with your statements suppressed, the D.A. may not need them to get a conviction. The Officer’s observations of your driving, field sobriety tests and blood or breath test are still admissible.

     The failure to advise you of your rights is always something to consider along with all the other evidence in evaluating your case. Call Nicholas and Willaim Christoph at Christoph Law Offices at  760-941-5720 for a free consultation.  We have the experience handling over 3000 DUIs over 30+ years and are directly across from Vista Courts.

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