Reader’s Question:

I have always been curious about DUI and its connection with the Miranda rights during an arrest or DUI investigation. If I’m stopped for DUI in Mobile, Alabama, how can the police be obligated to read or mention the Miranda Rights to me? Also, could you give me an example of an inconsistency of the police in DUI cases?

Mel

Mobile, AL

As always, the best policy would still be not to drive after consuming alcoholic beverage. If you’re asked to stop for DUI in Mobile, Alabama, stop as soon as possible and just be polite with the police officer. After all, you wouldn’t want any other charge than the main reason for the traffic stop. Regarding your question on the Miranda Rights, police officers are actually under no compulsion to read out the Miranda rights to you during roadside questioning. This means that in a DUI investigation, unless you are already under arrest, police officers are not obligated to read or mention to you your Miranda Rights.

A successful DUI defense could sometimes be made by exploiting lacunae in the arrest procedure or contradictions in the state’s case. Let me now give you an example of an inconsistency of the police in DUI cases, particularly during an arrest. Most of the patrol vehicles that police officers use are fitted with video camera. The police officer may not always refer to the video while making his report about the DUI investigation. This could lead to inconsistencies, which, of course, could be to the defendant’s benefit.

Tags: DUI, DUI arrest, DUI lawyer