After having a few drinks with friends following work, a driver heads home. While on their way, they don’t make a full stop at a stop sign and are pulled over law enforcement. After telling the driver why they were pulled over, the officer begins asking questions. “Where are you going? Where are you coming from? Have you had anything to drink?” Without thinking about it, the driver says, “I had a couple of drinks with co-workers and I’m on my way home.” The next thing that driver knows is that they are in the back of the squad car and heading to the station on suspicion of driving under the influence.
The driver is released the following day having been charged with a DUI. They contact a DUI attorney and ask, “Can my case be dismissed because I was never given my Miranda Rights and I told the officer too much?”
The question is a common one since very few drivers actually invoke their right to remain silent during a DUI stop. This is true for a number or reasons; a driver might think that cooperation will help their cause, a driver might not know they had a right to remain silent, or a driver might just get too nervous to think about whether they should talk to the officer or not.
Unfortunately, in the scenario above, the case will not be dismissed and the officer legally did not need to give Miranda Warnings.
The United States Supreme Court in Miranda v. Arizona held that, since only voluntary confessions are admissible as evidence, a confession cannot be voluntary (thus admissible as evidence) unless a person knows that they have the right not to say anything. In other words, a person who does not know they have a right to remain silent and is not advised of such might mistakenly believe that they must talk to officers, thus making their confession involuntary. A confession is only voluntary if a person knows they have a right not to say anything and proceed to choose to speak to law enforcement. As such, the United States Supreme Court held that law enforcement cannot engage in a “custodial interrogation” until a person has been advised of their rights, including the right to remain silent under the 5th Amendment.
This means that officers must give the Miranda Warnings after a person has been arrested, but before an interrogation. Unfortunately, questioning by officers during a DUI stop in most instances, is not a custodial interrogation.
When the driver in the above scenario was stopped because they made a “California stop,” they were not “arrested” or “in custody.” When a person is stopped on suspicion of a DUI, or even a traffic violation that leads to a DUI investigation, the person is not arrested even though they may be temporarily detained. During the stop, the officer can ask questions without giving the Miranda Warnings because the driver was not yet arrested.
During that time, the driver still has the right to remain silent, but officer need not inform the driver of that right. These pre-arrest questions are only considered preliminary in nature, and any answers by the driver in response are fair game for prosecutors in a DUI case against the driver.
If, on the other hand, the driver engages in a “California stop” and is arrested (not merely stopped) after the officer suspects that the driver is under the influence, the officer cannot ask questions without first giving the Miranda Warnings. Any answers to post-arrest questions about the DUI are inadmissible if the officer did not provide the Miranda Warnings.
Having said all of this, the 5th Amendment right to remain silent exists whether Miranda Warnings are given or not! A person always has a right to remain silent. During a DUI stop, drivers should unequivocally, but respectfully invoke their right to remain silent, then do so.