The typical DUI traffic stop is considered non-custodial, even if the driver is briefly detained. If there are Field Sobriety Tests (FSTs) given during that brief, non-custodial detention, Miranda generally does not apply and thus need not be read to a DUI suspect.
For Miranda to apply, the defendant must be: (1) in custody; (2) under interrogation; (3) by a police officer. DUI suspects and DUI defense attorneys alike may try and argue that during traffic stops, driver are not free to leave and therefore “in custody.” However, the U.S. Supreme Court passed a bright line rule that suspects on the roadside are not considered in custody for Miranda purposes until arrested by the officer or when the handcuffs go on the suspect. A savvy DUI defense lawyer will present arguments that a suspect was clearly the focus of an investigation by police and therefore Miranda should have been read.
In order to make sure that your rights are accurately and aggressively defended after being charged with DUI in Southern California, you may want to contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes, such as DUI, for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome at your DMV hearing and in your DUI case. Call Wallin & Klarich today at (877) 4-NO-JAIL or (877) 466-5245 to find out more about how we can help.