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When Do Police Have to Read You Your Rights During a DUI Stop? Insights from Berkemer v. McCarty
As a Los Angeles DUI Attorney, one of the most common questions I get is: Do police have to read me my Miranda rights during a DUI stop? The answer depends on whether you are considered “in custody” at the time the police question you. Miranda prohibits “custodial interrogation”, but whether the person is in custody at the time of questioning depends on the facts of your case. The U.S. Supreme Court case Berkemer v. McCarty (468 U.S. 420) provides crucial guidance on this issue—and it’s a case every driver accused of a DUI in Los Angeles should understand. Los Angeles DUI and Miranda Warnings In Berkemer, an officer stopped a driver for erratic driving, conducted field sobriety tests, and […]