As a Colorado criminal defense attorney, I get asked all the time by clients about their Miranda rights—what they are, when they apply and how they impact their case, especially in DUI and other criminal charges. You’ve heard of them on TV and in the movies, but knowing how they work in real life is crucial if you’re in legal trouble in Colorado.
In this post I’ll explain what Miranda rights are, when law enforcement has to tell you about them and how they impact DUI and other criminal defense cases in Colorado.
What Are Miranda Rights?
The term “Miranda rights” comes from the landmark U.S. Supreme Court case Miranda v. Arizona (1966). This case held that when you’re taken into police custody you must be told of certain constitutional rights before you can be questioned. Those rights are:
- The right to remain silent: You don’t have to answer any questions or provide information that could incriminate you.
- The right to an attorney: You have the right to talk to an attorney before you answer any questions and if you can’t afford one, a public defender will be appointed to represent you.
- The warning that anything you say can and will be used against you in court: This means that anything you say while in custody and after you’ve been read your Miranda rights can be used as evidence against you at trial.
These rights are based on the 5th Amendment’s protection against self-incrimination and the 6th Amendment’s right to counsel.
When Do Miranda Rights Apply?
One of the biggest myths about Miranda rights is that the police have to read them to you as soon as you’re arrested. That’s not true. Miranda rights only apply in situations where two conditions are met:
- You’re in police custody: This means you’ve been formally arrested or otherwise deprived of your freedom of movement in a significant way.
- You’re being interrogated: The police are questioning you or engaging in conduct they know will elicit an incriminating response.
If you’re not in custody or not being interrogated the police don’t have to read you your Miranda rights. For example, if you’re pulled over for a traffic stop or questioned in a casual, non-coercive setting your Miranda rights may not be invoked. Remember, Miranda applies during Custodial Interrogation.
Miranda Rights and DUI Cases in Colorado
DUI (driving under the influence) cases can be tricky when it comes to Miranda rights. Here’s how they apply in different stages of a DUI stop or arrest:
During the Stop
In most DUI cases the Miranda rights issue doesn’t come up until after you’ve been arrested. During the stop, the officer may ask you questions like “Have you been drinking tonight?” or “Where are you coming from?” You might be tempted to answer thinking it will help you get out of trouble. But you have the right to remain silent during this phase.
Officers don’t have to read you your Miranda rights before questioning you during the stop but anything you say can still be used against you later. Statements like “I only had two beers” can be incriminating even if they seem harmless at the time. You can politely decline to answer these questions and say, “I’d like to exercise my right to remain silent.”
Why doesn’t Miranda apply yet? Because you are not considered to be in custody at this point.
After Arrest
If you’re arrested for DUI in Colorado the police are required to read you your Miranda rights before they question you, or the statements you make might be determined to be inadmissible in court. This advisement usually happens after you’re cuffed and in the patrol car and before any questioning at the police station.
If the police don’t give you a Miranda warning and question you while in custody, anything you say may be inadmissible in court. In other words, if the police violate your rights, your attorney can file a motion to suppress those statements and potentially weaken the prosecution’s case against you.
But just because the police don’t read you your Miranda rights doesn’t mean the arrest or the case against you is invalid. The prosecution can still use other evidence like the breathalyzer or field sobriety test to build their case.
Miranda Rights and Criminal Defense in Colorado
In cases beyond DUI—like drug offenses, assault or theft—Miranda rights are key to protecting individuals from self-incrimination. Here’s how they’d apply to a criminal defense case:
Custodial Interrogation
Let’s say you’re arrested for a drug offense and the police want to question you about your involvement. Once you’re in custody the police have to read you your Miranda rights before they start the interrogation. If they don’t, anything incriminating you say during the interrogation can be ruled inadmissible in court.
It’s important to understand that after you’ve been read your Miranda rights you can (and often should) exercise your right to remain silent and request an attorney. Too many people think they can talk their way out of a situation or that cooperating fully with the police will get them leniency. But anything you say—no matter how innocent it seems—can and will be used against you later.
Waiving Your Miranda Rights
You can waive your Miranda rights and talk to the police without an attorney, but this is generally not advisable. Waiving your rights has to be done voluntarily and knowingly. In some cases police officers will try to get suspects to talk before they clearly advise them of their rights or they’ll ask questions in a way that gets individuals to waive their rights without fully understanding the consequences.
As a criminal defense attorney, I always tell my clients to be careful in these situations. Once you start talking to the police without a lawyer it’s almost impossible to undo the damage even if you later decide to exercise your right to remain silent. I strongly recommend speaking to an attorney before you speak with police after you’ve been Mirandized. You’ve already been arrested, your fight is in Court, not right then and there with the arresting officer. Remember, they are collecting evidence against you. Don’t make your situation worse.
How Miranda Rights Impact Your Defense
If your Miranda rights were violated during your arrest or interrogation this can be a big advantage for you. A good criminal defense attorney can file a motion to suppress any statements you made that were obtained in violation of your rights. If the motion is granted the prosecution can’t use those statements against you. In some situations the charges may be reduced or even dismissed.
Further, the burden is on the prosecution to prove you were properly advised of your rights and that any waiver of those rights was made knowingly and voluntarily. If there’s any doubt about the police’s actions it can work in your favor.
Conclusion: Know Your Rights and Use Them
Miranda rights are a protection designed to safeguard your constitutional rights during an arrest and interrogation. If you’re arrested for DUI or any other crime in Colorado, you need to know when and how these rights apply. The right to remain silent and the right to an attorney are there to protect you from saying something that can be used against you in court.
Generally speaking, my advice as a criminal defense attorney is this: If you’re arrested or questioned by the police always exercise your right to remain silent and request an attorney. Don’t try to go it alone and don’t feel pressured to talk without a lawyer by your side.
Contact us if you think Miranda rights were violated or you’re charged with DUI or a crime in El Paso County. We handle cases in Colorado Springs, Monument, Fountain, Falcon, and Woodland Park.
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