New York DWI Miranda Rights

If you have watched any police or courtroom shows on television, you have more than likely heard a suspect read his or her Miranda Rights. The police officer must notify the suspect of his or her right to remain silent and to speak with an attorney before beginning an interrogation. Miranda Rights must also be read if a suspect is arrested for driving while intoxicated (DWI). If you have recently been arrested for drunk driving in New York, and have questions about your Miranda Rights, you should speak with an experienced DWI defense attorney today.

Miranda Rights were created in 1966 by the U.S. Supreme Court after the case of Miranda v. Arizona. Ernesto Miranda argued that he was not notified of his Fifth Amendment right to avoid self-incrimination by remaining silent before being interrogated and coerced into a confession.

The Miranda Warning typically states that you have the right to remain silent and anything you say can be used against you in court. You also have the right to a lawyer, and if you cannot afford a lawyer, one will be provided for you.

There is a common misconception that the Miranda Rights must be read after every arrest; however, this is not the case. The Miranda Warning must be read only if the police intend to question a suspect, though asking questions regarding the suspect’s name, age or address does not require notifying reading these rights.

The officer should ensure that the suspect understands these rights. If the suspect speaks another language, a translated version of these rights, whether recorded or written, must be provided.

If an officer does not notify the suspect of his or her rights, and the suspect confesses to a crime or makes self-incriminating statements during an interrogation, the confession is considered inadmissible in court. However, if these rights are read and the suspect waives them, his or her statements can be used in court.

Do you feel that your Miranda Rights were violated during a DWI arrest? If so, you should speak with a skilled DWI defense attorney. Fill out our online form today, and an attorney will contact you promptly to discuss your case.