Our Virginia DUI Lawyers Can Use the Failure to Provide Miranda Warnings in Your Defense
If you watch police TV or movie dramas, you’ve heard the police give suspects their Miranda warnings many times. But what happens if the police stop you for a DUI in Virginia but don’t inform you of your Miranda rights? Our Manassas DUI lawyers at The Wilson Law Firm can determine if your rights were violated and, if so, use the violations as part of a vigorous defense strategy to fight the charges you face.
What Are Your Miranda Rights When Police Charge You With DUI in Virginia? 
If officers make a traffic stop and arrest you for DUI under Virginia Code § 18.2-266, you have a constitutional right to be given your Miranda warnings. These warnings protect your constitutional rights not to incriminate yourself and to be represented by a DUI lawyer.
The police must inform you of the following:
- You have a right to remain silent.
- Any statements you make to the police can and will be used against you in your criminal case.
- You have a right to have an attorney present when the police question you. If you can’t afford to hire a lawyer, the court will appoint one to represent you.
When Must the Police Give You Miranda Warnings When They Stop You for DUI?
Many people mistakenly believe law enforcement must give Miranda warnings immediately when pulling over someone under suspicion of driving when intoxicated. However, this isn’t true.
The police only have to state your Miranda rights when they take you into custody and interrogate you. You’re considered in custody if you’re not free to leave, which is typically when an officer arrests you.
What Happens If the Police Don’t Inform You of Your Miranda Warnings?
Can you get the DUI charges dismissed if the police didn’t give you your Miranda warnings when they should have? Unfortunately, no.
However, our DUI legal team at The Wilson Law Firm can use the failure to advise you of your rights to build a solid defense. We can argue that any statements you made after the warnings should have been given cannot be used for a DUI conviction. Even if we’re unable to get the charges dropped, we may be able to use this and other defenses to negotiate a favorable plea bargain for you.