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The Florida Bar

Miranda Warnings in Florida DUI Cases

Florida DUI attorneys are often approached by clients claiming that following their arrest for DUI, they were not read their rights… i.e. “you have the right to remain silent…”

Pennsylvania v. Muniz is the most important case in defining when Miranda warnings are required and when they are not required in DUI cases. The Court recalled that Rhode Island v. Innis established the test for interrogation where statements are not made in direct response to questions. Officers’ conduct may be considered interrogation if it is the “functional equivalent” of express questioning when considered from the perspective of the accused. Some responses may be considered a product of interrogation, but nonetheless, not require Miranda warnings (for more information and articles on Florida DUI, or if you have been arrested for DUI in Florida).

In considering this subject in Muniz, the Court recognized four categories of information that a defendant may provide. Those categories are: (1) answers to questions calling for biographical information; (2) answers to questions that require the defendant to make calculations based on knowledge of his past; (3) interactions between the defendant and the officer during field sobriety tests; and (4) defendant’s comments in response to the officer’s request that the defendant submit to a chemical test.

If you have questions about a DUI arrest in Broward County, Dade County or Broward County, call our DUI defense office today and schedule a free consultation. For information Fort Lauderdale crime, see arrested in Fort Lauderdale.

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