24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Miranda Issues in New Jersey DUI Cases

Miranda Issues in New Jersey DUI Cases

Driving under the influence (DUI) cases can be tricky to navigate, especially when it comes to Miranda rights. There are a lot of moving parts, and the implications of Miranda can make or break a case. This article will break down some key Miranda issues that come up in New Jersey DUI cases—let’s dive in.

What are Miranda Rights?

First, a quick refresher. Miranda rights refer to the warning police must give suspects before a custodial interrogation. The warning lets the suspect know they have the right to remain silent, anything they say can be used against them, they have the right to an attorney, and if they can’t afford one, the court will appoint one.

Miranda became law in 1966 after the landmark Supreme Court case Miranda v. Arizona. The justices ruled that prosecutors can’t use statements made during a custodial interrogation unless police advised the suspect of these rights first. Otherwise, it violates the Fifth Amendment right against self-incrimination.

When Do Miranda Rights Apply in DUI Cases?

In DUI cases, the key question is usually whether the defendant was “in custody” when questioned. If so, Miranda applies and any un-Mirandized statements may get suppressed. But custody has a specific legal meaning—it’s about whether a reasonable person would feel free to leave or terminate the encounter.

For DUI stops, courts often find no custody at first. The scene looks like an ordinary traffic stop, where people wouldn’t feel detained. But custody can kick in later, like if officers prolong the stop, put the driver in a squad car, or get aggressive with questioning. At that point, Miranda warnings become necessary.

However, roadside sobriety tests and breathalyzer tests are different—they’re not considered interrogations, so no Miranda needed. Officers can demand those tests without giving any warnings.

What Happens if Police Violate Miranda in a DUI Case?

When Miranda violations happen in DUI cases, the main remedy is suppressing unwarned statements from the prosecution’s case. So if the driver made incriminating comments about drinking after being arrested but without Miranda warnings, the court would exclude those statements at trial.

However, the physical evidence still comes in. For example, failing the field sobriety tests, breathalyzer results showing blood alcohol content, and any blood or urine samples taken—those don’t get tossed out due to a Miranda issue.

Suppressing statements can still impact the case. Without a confession, the prosecution may have a harder time proving the defendant was actually impaired. But they can still get a conviction based on the scientific test results alone in many cases.

Are There Any Exceptions to the Miranda Rule in DUI Cases?

Yes, the courts have recognized some exceptions where Miranda warnings aren’t required:

  • Public Safety Exception: If officers need to ask questions to protect public safety, they don’t need to Mirandize the suspect first. This sometimes comes up if police ask a drunk driver whether they have any weapons before conducting a search.
  • Booking Exception: Basic biographical questions for booking purposes (name, address, etc.) don’t require Miranda warnings. But this exception is narrow—it doesn’t allow questions about the alleged crime.
  • Spontaneous Statements: If the suspect spontaneously volunteers statements without any questioning, the lack of Miranda warnings won’t prevent those statements from being used. Drunk drivers sometimes blurt things out when pulled over.
  • Physical Evidence: As mentioned earlier, physical evidence like sobriety test results doesn’t get excluded without Miranda warnings. The privilege against self-incrimination only applies to testimonial evidence.

Can Invoking Miranda Rights Hurt the Defense’s Case?

Yes, it’s possible. Prosecutors can’t comment on the defendant invoking silence after getting Miranda warnings. But juries sometimes draw negative inferences if the defense prevents certain evidence from coming in, like suppressed statements.

Also, invoking Miranda to avoid answering questions might backfire if the driver later testifies to an alternate version at trial. Now the prosecution can use the prior silence to undermine credibility.

That said, the benefits of invoking Miranda rights usually outweigh any downsides in DUI cases. Speaking without warnings can easily produce damaging admissions. The best bet is staying silent until you have an attorney.

What About Refusing Field Sobriety or Breath Tests?

In New Jersey, drivers face penalties for refusing to submit to field sobriety or breath tests—separate from the Miranda issue. The state can suspend your license for up to 10 years, even without a DUI conviction.

Still, some drivers refuse these tests anyway, gambling that the suspension is preferable to providing evidence that seals a DUI conviction. That’s a personal choice that involves weighing the risks and benefits. But it’s not the same as invoking your Miranda rights.

When to Invoke Miranda Rights in New Jersey DUI Cases

Here are some tips for invoking Miranda:

  • Don’t rely on officers to decide when Miranda warnings are needed—they may delay giving them. Invoke your right to remain silent instead.
  • Be direct and unequivocal. Say something like “I will not answer any questions without an attorney present.”
  • Keep quiet until you have a lawyer, no matter how much officers pressure you to talk. Don’t try explaining yourself.
  • Remember that you can invoke Miranda at any point during questioning—it doesn’t matter if you already answered some questions.
  • Consult a DUI attorney about the best defense strategy for your particular case. Having skilled counsel is key.

DUI charges raise complex legal issues around Miranda rights and questioning. Don’t go it alone. Speak to a New Jersey DUI lawyer to protect your rights and build the strongest case possible. Every case has unique facts, so get tailored advice you can rely on.

Schedule Your Consultation Now