Miranda Warnings & DUI Arrest – Grand Rapids MI
Our DUI defense attorneys can answer your questions with straight talk and honest advice about your DUI arrest for a reasonable fee. Considering the potential penalties for a DUI conviction, it is extremely important to retain our experienced DUI defense attorneys. Call today!
There are two elements required for Miranda Warnings to apply to exclude statements. First, the Defendant (DUI Driver) must be in custody (not free to leave). Second, there must be interrogation (asking questions). In a DUI case, Miranda Warnings can be very important. Often times individuals make statements to the police that incriminate them such as how much if anything they have had to drink or if they were driving the car at issue.
It usually starts when an individual is initially stopped. An officer will ask – “Have you been drinking tonight?” or “How much have you drank tonight? or “Were you driving your car?”. Additionally, the officers ask you to do field sobriety tests that are not tests (you cannot pass). These tests are designed to gather evidence against you for a trial.
The federal and state constitutions provide that no person can be compelled to be a witness against himself in a criminal trial. Miranda warnings are required when a person is interrogated by police while in custody or otherwise deprived of freedom of action in any significant manner. People v. Roark, 214 Mich.App. 421, 543 N.W.2d 23 (1995). To determine whether a defendant was “in custody” at the time of the interrogation, we look at the totality of the circumstances, with the key question being whether the defendant *383 reasonably believed that he was not free to leave.
Supreme Court holding:
The prosecution may not use statements from custodial interrogation of the defendant unless it demonstrates the use of Miranda Warnings. Custodial interrogation means questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.”
When you need a Grand Rapids DUI Defense Attorney, remember to call Krupp Law Offices PC for fast honest advice about your criminal problems and get honest advice about your options. Krupp Law Offices represents clients in cases throughout West Michigan, including the cities of Grand Rapids, Big Rapids, Ionia, Grand Haven, Stanton, Greenville, Wayland, Allegan, Holland, Newaygo, White Cloud, Fremont, Coopersville, Hastings, Middleville, Wyoming, and Rockford, including Kent County, Ottawa County, Newaygo County, Ionia County, Mecosta County, Barry County, Montcalm County, and Allegan County, Michigan.
Call for a free phone consultation. Our office can help.
KRUPP LAW OFFICES PC
161 Ottawa NW Suite 404
Grand Rapids, MI 49503
616-459-6636 or [email protected]
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