Why Didn’t the Police Read Me My Miranda Rights When I Got Arrested for DUI?

750+ Reviews On

Why Were You Not Read Your Rights When You Were Arrested for Drinking and Driving in Florida?

If you were arrested in Florida for drunk driving, there is a good chance your rights were not read to you at any point. Why is this the case? In short, the reason why the police do not always read you your Miranda Rights when investigating you for DUI in Florida is because the police claim that they are not legally obligated to.

Schedule a Free Consultation Now

What Are Miranda Rights?

Your Miranda Rights refer to your constitutional protection against self-incrimination. You have probably heard some version of a Miranda Warning on TV, a movie, or from an actual officer. A Miranda Warning will sound like the following or a close variation:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

These rights exist because the American Constitution protects you from verbally incriminating yourself when under investigation. As a result, Miranda Rights ensures your right to:

  • Remain silent when being questioned by law enforcement
  • Have an attorney present to represent you during an interrogation

The elements that form your Miranda Rights have existed since the inception of the American government, but the practice of a policeman or woman reading you your rights prior to an arrest or interrogation originates from a Supreme Court case called Miranda v. Arizona in 1966.

The outcome of this court case established the principle that a police officer must read you your rights prior to interrogating you while in custody. Additionally, prosecutors cannot use your silence as evidence of guilt in a trial. This practice was created to maintain the notion that a defendant is “innocent until proven guilty” because the burden of proof rests on the shoulders of the prosecutors in the United States.

When Are My Miranda Rights Supposed to be Read to Me in Florida?

Your Miranda Rights must be read to you when an officer conducts a “custodial interrogation” on you. A custodial interrogation is when a suspect enters police custody and is subsequently interrogated for the purposes of eliciting an incriminating response. The Supreme Court has established that one is in police custody when he or she is deprived of significant freedoms such as the freedom to leave.

With that being said, are your Miranda Rights supposed to be read to you while a cop is investigating you for DUI? Well, let us evaluate that question according to the elements that establish a custodial interrogation.

When a police officer pulls you over and you are on the side of the road, would you say you feel free to leave at any time? Probably not. In that instance, it would seem as if you are in police custody according to the definition of “custody” used by the Supreme Court. Then, the only factor that needs to be determined, is whether or not you are being interrogated when the police question you during a DUI investigation.

Is it Considered a Custodial Interrogation When the Police Ask Me Questions on the Side of the Road?

Unfortunately, in the state of Florida, this question is tricky to answer and is still often contested in court. The answer truly lies in a gray area of the law. For example, if you are pulled over for a traffic violation and the officer believes you are impaired, Florida law permits the officer to ask you basic questions in order to confirm or dispel their suspicion.

The issue, however, is at what point does “basic questioning” escalate to a full-on interrogation?

The examples the Fort Lauderdale DUI Task Force protocols give as basic questions are:

  • “Where have you been”
  • “Where are you going”
  • “Have you been drinking or using drugs”
  • “When was your last drink and how much did you have”

Perhaps the first two questions are basic in nature, but the last two certainly seem geared to elicit an incriminating response. This is especially true considering that such questions, when answered, often turn into follow-up questions such as:

  • “What kind of drink was it”
  • “When was the last time you ate”
  • “What drugs have you been using”

At what point did this conversation go from basic questions to a criminal custodial interrogation? Since the answer is often unclear, a savvy DUI defense attorney can defend you by filing a motion to suppress the evidence the officer obtained during this questioning by claiming you were unlawfully interrogated.

Furthermore, an officer is still not required to give you a Miranda Warning prior to asking you to complete Field Sobriety Exercises. Sometimes they do not even mention that these exercises are voluntary.

This seems to undermine the principle behind the practice of reading Miranda Rights because the warning makes you aware that you need not incriminate yourself and give law enforcement evidence to use against you in court. Instead, an officer will ask you to complete the exercises without reading you your rights and then proceed to use your performance as evidence against you.

Although this practice does not seem fair, keep in mind that you can still invoke your right to remain silent when investigated for DUI even when you are not invited to by the officer. Additionally, you can hire a DUI defense attorney who can fight your charge.

Schedule a Free Consultation Now

Facing DUI Charges in South Florida? We Offer Free Consultations.

Call our office to schedule an appointment for a free consultation:

Why Didn’t the Police Read Me My Miranda Rights When I Got Arrested for DUI?
What to Expect at Your Free Initial Strategy Session with Rossen Law Firm
We Listen to Your Story
We Educate You
We Create a Unique Defense Strategy
Schedule Your
Free Strategy Session

    750+ Reviews On
    Google Reviews
    kevin tabronkevin tabron
    00:07 08 Sep 22
    In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
    Jason HigleyJason Higley
    15:24 26 Aug 22
    I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
    Felix I HFelix I H
    13:27 28 Jul 22
    Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
    Terry ChristopherTerry Christopher
    12:32 09 May 22
    I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
    Ketiana ProvinceKetiana Province
    20:27 23 Mar 22
    My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
    Second DUI, 0.19 Breath
    DUI Charge Dismissed
    Federal Child Porn Possession
    Mandatory Prison Time Avoided
    Attempted Murder
    Charges Dismissed
    How We Win
    Second DUI, 0.19 Breath
    DUI Charge Dismissed
    Federal Child Porn Possession
    Mandatory Prison Time Avoided
    Attempted Murder
    Charges Dismissed
    Types Of Cases We Handle

    Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.

    See All Practice Areas
    Get Your Free Download Instantly
    The Client All Agree Rossen Law Firms’s 5- Stars Rated Attorneys
    Instant Download
    7 Reglas Que Necesitas Saber Para Sobrevivir A Un DUI en Florida
    Instant Download
    7 Rules You Need to Know to Survive a Florida DUI
    Instant Download
    Florida Domestic Violence
    Instant Download
    Get Help Now
    Take a moment to fill out the form on this page to get in touch with us, and we will get back to you shortly.