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Christoph Law Offices, DUI & Criminal Defense
Criminal Defense 40 + Years Experience

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Christoph Law Offices, DUI & Criminal Defense
Christoph Law Offices, DUI & Criminal Defense

HIGHEST RATING IN LEGAL ABILITY
AND ETHICAL STANDARDS

  • Top Lawyers - San Diego Magazine
  • Former Deputy San Diego City Attorney
  • Former USMC Captain
  • Located Directly Across From Vista Courthouse
  • Over 150 Five Star Reviews on Google and Yelp

Attorneys William R. Christoph & Nicholas W. Christoph

Are Miranda Rights required Vista DUI stops?

On Behalf of | Sep 14, 2013

     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  760-670-3885 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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I highly recommend Christoph Law Offices to everyone. Nick is a true professional who will go above and beyond for his clients. Thank you!
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Amazing attorneys! Bill Christoph was very helpful during my case. He was always quick to get back to me about my questions.
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Great experience overall having William Christoph as my attorney. He understands his client, very insightful and is an expert in his field.
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Defending Against DUI and Criminal Charges Throughout San Diego County

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