Answer: Many people are under the mistaken belief, a mistaken belief, that the police must always read people their Miranda rights any time they make a DUI arrest. Unfortunately, however, there is no automatic requirement that the DUI officer read you your rights as part of every Orange County DUI arrest. The Miranda rights are only required when both (1) you've been placed under arrest for an Orange County DUI and (2) the DUI officer continues to interrogate you.

Usually, the answer is no. Police are only required to read you Miranda warnings if you are placed into custody and then questioned.

The police have to read you your Miranda rights if they intend to question you after you are in custody. If they don't do that after your arrest and before questioning you, evidence the police obtained from your statements and the statements themselves might be excluded at trial. Although most DUI cases are based upon scientific evidence, such as a breath or blood test, a skilled DUI defense attorney can determine whether a motion to exclude evidence is warranted in your case.

The police have to read you your rights if they intend to question you after you are in custody. If they don't read you your rights after your arrest and before questioning you, the statements themselves might be excluded at trial. A skilled OUI/DWI/DUI defense attorney can determine whether a motion to exclude statements is warranted in your case.

The police are not required to read you your rights unless they want to talk to you once you are in custody. Everyone has heard of the "Miranda Rights." This phrase comes from the case of Miranda v. Arizona, where the United States Supreme Court stated that before a law enforcement officer can question a person who is in custody, they must tell them their rights.

In a typical DUI stop most police officers are trained that they do not have to read these particular rights before they begin to question you regarding the events that lead up to the traffic stop. They are also trained to ask certain questions to elicit voluntary admissions of drinking or using recreational drugs.

Failure to advise you of your Miranda rights does not automatically result in dismissal of the case against you. It is possible to get your statements thrown out in certain circumstances, but you should discuss the facts of your case fully with a knowledgeable and experienced criminal law attorney at Paul J. Tafelski, P.C. Contact us today.

Answer: Under Florida law, a law enforcement officer may seize the driver's license of any person who is driving with an unlawful blood alcohol level of 0.08% or above, or who has refused to submit to a breath, blood or urine test.

Probably not. Not being properly advised of your Constitutional rights may have consequences that will impact the ultimate outcome of your case, but the mere fact that you were not properly advised does not mean your case is automatically dismissed. It is an issue that should be brought to the attention of your attorney so that appropriate legal remedies can be sought.

Refuse any additional search beyond a "pat down". The police may "pat-down" your clothing if they suspect you are carrying a concealed weapon. Remain silent. Do not volunteer any incriminating information. Do not say "I had two beers." You have the right to refuse to take any field sobriety tests. You have the right to refuse the preliminary breath test on the side of the road but it will result in a ticket with a fine that is currently $125.

Whether you are under 18 or an adult, you NEVER have to answer any questions that the police ask of you. Generally, you do have to provide your name. Giving the police a false name is a crime. But you don't have to give any other information at all. Just say, "My name is ______ and I want to speak to an attorney." Then, don't allow a police officer to trick you into saying more.

You have to be read your rights only if the police plan on questioning you. They do not have to read the rights on all arrests. Moreover, if you are questioned without your rights being read, generally, that just means that the police cannot use the statement against you; it does not mean that the case gets dismissed. We will make sure that you get the proper relief if any of your rights were violated by the police. Generally, you should not talk to them without having an attorney present.

Call an attorney or a bondsman. The amount of the bond will depend on the severity of the crime alleged. For lesser crimes or for individuals with no prior record, the Court may not require a bond, and can release the individual on Pre-Trial Services. Otherwise, you will need someone to post 10% of the total bondable amount set by the Court. For a standard DUI, the bond amount is $1500.

It depends. Generally, the government may not use any statements you made against you if you made those statements while in custody and in response to police questioning unless they first informed you of your rights. This issue must, however, be decided by a judge after evaluating the specific facts in your case. Additionally, the fact that you were not read your rights does not mean that the charges against you must be dismissed.

There is a common misconception that when an officer fails to read a person their Miranda Rights (i.e., "You have the right to remain silent, you have a right to an attorney. . .") the case will be dismissed. The Miranda warning only affect the admissibility of statements made by an accused after the person is arrested.

For an adult, there is no requirement to advise you of your Miranda rights unless you are in custody and we want to question you about the crime. However, if you are being arrested for a traffic warrant, you may never be advised of your rights. For the same reason, if you are questioned in your home and you are not in custody, advisement of rights is not an issue.

Yes, the law enforcement officer will seize your license if you are arrested for DUI with an unlawful BAC of .10 or greater or after you refused to submit to a blood or breath test. Your license will be seized, and the officer will issue you a traffic ticket and a notice or revocation.

If this is your first DUI offense, and you have not been arrested before, you will likely avoid jail time. Most counties in California will agree to a jail alternative for first offense DUI such as weekend trash pick up. If this is your second arrest within 10 years, the chances for jail dramatically increase, with some counties mandating actual jail time.