Austin DWI lawyers - Ian Inglis

DWI and Your Miranda Rights

The so-called ‘Miranda rights’ are a set of rights guaranteed to all Americans by the Fifth and Sixth Amendments to the U.S. Constitution. They are known as the Miranda rights after the landmark Supreme Court case Miranda v. Arizona. In this case, a man named Edward Miranda was arrested on suspicion that he had kidnapped and raped a young woman. During interrogation, he admitted to the crimes and was later found guilty at trial.

After several unsuccessful appeals, Miranda’s case was brought before the Supreme Court. The Court ruled that Miranda’s confession was inadmissible as evidence because it had been obtained without informing him about his Constitutional rights.

According to the majority opinion, authored by Chief Justice Earl Warren, a suspect who is arrested or taken into police custody must be informed that:

• He has the right to remain silent
• Anything he does say can be used against him in court
• He has the right to have an attorney present during questioning
• An attorney will be provided for him if he cannot afford one.

Violation of any of these rights, or failure to inform a defendant of these rights would automatically invalidate any evidence obtained as a result, including any confessions and/or any evidence discovered as a result of the illegal interrogation.

During a DWI traffic stop, an officer does not have to immediately inform you of your Miranda rights, because you have neither been arrested nor taken into police custody. However, anything you say to the officer during the stop can still be used against you in court.

If you are arrested and taken to the police station, the police are then obligated to inform you of your Miranda rights prior to any interrogation.

For more information on dealing with a DWI charge and for experienced legal counsel in your DWI case, contact Austin DWI lawyer Ian Inglis at 512-472-1950.