Every time a police officer takes an individual into custody for the purpose of interrogation, the officer must recite a speech known as the Miranda warning to the offender. The Miranda warning informs the offender of his or her rights, and is comprised of the following:

• Right to remain silent
• Knowledge that anything the offender says will be used against him or her in court
• Right to hire an attorney
• If unable to afford an attorney, the state will provided one at no cost

The Miranda Warning came into being in 1966 as the result of the court case Miranda v. Arizona. It serves to uphold an offender’s Fifth Amendment right to remain silent.

If you are arrested for DUI, then you must be read your Miranda Rights before the officer is allowed to ask you any questions about the crime or collect any verbal evidence from you.

Your Rights

If you are not read the Miranda Warning prior to interrogation, anything you tell the officer at that time cannot be used as evidence against you in court. However, if you voluntarily offer up evidence to the officer, it can be used against you. Therefore, it is always best to remain silent and comply with the officer’s requests. Otherwise, you run the risk of self-incrimination.

Contact Us

If you have been arrested for DUI but your Miranda Rights were not respected, then an experienced DUI attorney can effectively protect your rights and freedoms in court. Contact the Seattle DUI lawyers of Cowan Kirk Gaston today at 1-866-822-1230 to schedule a free initial consultation.