Reader’s Question:

My sister has been recently arrested for DUI here in Paradise, Nevada but I haven’t gotten the chance to talk to her about it so I didn’t know the exact details of her case. But what if she was not read her Miranda rights, what can we do about that?

Edison

Paradise, NV

Your sister’s Miranda rights would only apply if a police officer tried to question her when she was under arrest or in custody. Once she had become the focus of the investigation, the officer should have read her Miranda rights prior to asking her any incriminating questions or interrogating her.

If the police officer in Paradise, Nevada asked your sister when she should have been read her Miranda rights, the only consequence is that those questions and answers would be suppressed in court (which means that her statements will be thrown out and cannot be used against her and the jury will never hear them). But if she testifies differently than what she told the police officer at the scene, her prior statements could be admissible in court in an attempt to impeach her testimony. Accordingly, a police officer could violate your sister’s rights and potentially still be able to use those statements against her. This would illustrate the need to hire a qualified DUI lawyer because your sister’s freedom is on the line.

Tags: drunk driving laws, DUI, DUI lawyer