What Is My Right to Remain Silent When Accused of a DUI in Florida?

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What Is My Right to Remain Silent When Accused of a DUI in Florida?

Posted on : December 11, 2018, By:  Steve Taylor

Have you recently been pulled over for a DUI in Florida or are curious about what to do if you are pulled over in the future? Unfortunately, many people have misconceptions about Miranda warnings and assume that if they are not read, the exact line that they have heard on television, that the arrest is therefore illegal. Police questioning an individual in custody without Miranda warnings mean that the questioning is illegal rather than the arrest. If the police fail to advise you of your Miranda rights, however, you should raise these concerns with your criminal defense attorney. Any statement or confession that is made by a suspect in custody while being questioned by the police without a Miranda warning is considered to be involuntary.

For this reason, it cannot be used against a suspect in a criminal case. Any evidence that is directly discovered as a result of that confession or statement is also likely to be thrown out. Invoking the Miranda rights is one option available to you when you have been accused of any crime including a DUI. Your DUI lawyer will recommend that you remain silent because this is your arrest. Your speech and other clues can be used by the police to justify your arrest overall and can be used against you in the case. After an arresting officer has read you your Miranda warning, silence on your part cannot be used against you in court.

You can still remain appropriately polite with law enforcement officers who have pulled you over for suspected DUI, using terms like thank you and please. You do not have to answer any questions for the police officers after providing your identification information and showing them your driver’s license, whether the officer asked you about how much you’ve been drinking, when, where or if you knew why you were being arrested.