Police are required to read you your Miranda rights — but not until you are taken into custody. In a typical DWI case, the damage is already done by the time an arrest is made. Any evidence already obtained through your statements, the officer’s observations, roadside tests and dashboard video is fair game.
If you were not advised of your rights upon your arrest, however, or if police ignored your requests for a lawyer, that may invalidate or weaken the prosecution’s case against you. St. Louis DWI defense lawyer Travis Noble Jr. is a former police officer who is skilled at turning the tables on law enforcement for rights violations such as failure to properly Mirandize citizens accused of drunk driving.
What Are Your Rights When You Are Pulled Over On Suspicion Of DWI?
You can and should invoke your Miranda rights as soon as police start asking questions. This is especially true if you are stopped for suspicion of drunk driving. The law office of Travis Noble, P.C., will safeguard your rights and explore your defenses. Contact us today for a free consultation.
A typical Miranda warning:
- You have the right to remain silent.
- Anything you say can and will be held against you in a court of law.
- You have the right to speak to an attorney.
- You have the right to have an attorney present during questioning.
- If you cannot afford an attorney, one will be appointed for you.
- Do you understand these rights?
Miranda Rights During A DWI Arrest In Missouri
When making a DWI arrest, police officers and state troopers check off a box on the Alcohol Influence Report verifying that they have read the accused person the Miranda warning. Yet prior to arrest, the officer has already asked numerous questions: Have you been drinking? How much have you had to drink? Are you impaired?
- You always have the right to politely refuse to answer questions or perform field sobriety tests. If you invoke your right to talk to an attorney, police must stop asking questions.
- If you invoke your Miranda rights when asked to take a breath test, the officer must give you 20 minutes to contact a lawyer. At the end of 20 minutes, however, you can be cited for breath test refusal if you do not submit to the test.
Experienced DWI Defense By A Former Law Enforcement Officer
Violation of your Miranda rights is just one of the defense strategies we employ to fight a DWI arrest. Travis Noble Jr. served 10 years as a police officer and narcotics agent, so he is intimately familiar with admissible evidence and police procedure, including the proper timing and proper delivery of the Miranda warning.
We hold law enforcement personnel and prosecutors accountable for honoring your rights. Contact Travis Noble, P.C., at 314-450-7849 or contact us online to arrange a free consultation with our St. Louis drunk driving defense lawyer.