According to Minnesota law, police must advise a suspect of their Miranda Rights prior to beginning an interrogation for any charge while the suspect is in custody, including DWI. If these rights are not given, a defense lawyer may be able to successfully argue that any evidence obtained during this interrogation was collected illegally, and thus should not be admitted into the court of law.
The arresting officer must inform any any person in custody of their Miranda Rights, which state:
- They have the right to remain silent.
- Any statements they make can and will be used against them as evidence in court.
- They have a right to have a criminal defense attorney present during questioning.
- If the suspect cannot afford a defense attorney one will be appointed to them at no charge.
Police must issue the Miranda Rights to any suspected drunk driver before questioning or interrogating them. A custodial interrogation occurs if a DWI suspect is in custody (not free to leave or deprived of their freedom in any significant way) and is asked incriminating questions by law enforcement. If law enforcement interrogates a suspect while in custody and does not advise the suspect of their Miranda Rights, then all statements will be suppressed and will not be admissible in court.
Now, an interaction during a traffic stop does not constitute a situation where the reading of Miranda Rights would be necessary in order for an officer to attempt to ask questions in order to gain information. During the process of the traffic stop, the police officer may ask if you have been drinking or where you have been drinking, and if you answer, your response can be legally used against you in the court of law. You may not be free to leave at that exact moment while the stop is being conducted, but that also doesn’t mean you’re under arrest, so the Miranda Rights don’t need to be read in order for the officer to ask you questions. It is best to avoid answering these questions and keep any conversation brief during a traffic stop. If, however, you’ve been placed under arrest and the officers try to gain more information, they’ll need to read you your Miranda Rights first.
Miranda Rights Violation Lawyer In The Twin Cities
Police are not required to recite your Miranda Rights if you haven’t been placed under arrest. In these pre-arrest instances, you do not have the right to remain silent unless your answers might incriminate you. Likewise, if you begin conversation with police, they do not need to issue your Miranda Rights because they are not questioning you.
The bottom line is this: Your Miranda Rights only apply when you’ve been arrested. After this point you can and should invoke your right to remain silent and your right to speak with an Edina criminal defense lawyer.
If you need advice from a lawyer if you find yourself in a sticky situation, or you believe police violated your Miranda Rights, reach out to Avery and the team at Appelman Law Firm to learn how we can help you. Give us a call today at (952) 224-2277.