Lately, I have been asked this question quite frequently: "I was arrested for a DUI in Pennsylvania and they didn't read me my rights. Don't they have to read me my rights?" This question is particularly interesting in a DUI context. Before we can understand whether or not we must be read our rights during a DUI stop we must understand some Miranda basics.
The reading of Miranda rights or "the right to remain silent and the right to counsel" protect citizens against your Fifth Amendment right against self-incrimination and your Sixth Amendment Right to Counsel under the United States Constitution The purpose of Miranda is to protect citizens from incriminating themselves as a result of police interrogation. In other words, it keeps people from giving the police a coerced confession under police interrogation. In order for Miranda to apply, three elements must be met that will trigger the reading of your Miranda rights: 1) you must be in custody; 2) you must be interrogated and 3) the interrogation must be performed by police or an agent of the state.
In a DUI context, a traffic stop typically does not consitute custodial interrogation for purposes of Miranda. In other words, a traffic stop is not an arrest. Under Pennsylvania law and the laws of the United States Constitution a DUI stop is typically considered an investigative detention. This means when you are pulled over for suspicion of DUI, the police may ask you whatever they want without reading you rights. They may even ask you to step out of the vehicle and ask you to perform sobriety tests. If you think about it, it makes sense. Think of it this way: "the police are allowed to talk to people without reading them rights as long as the citizen is not under arrest." However, an investigative detention may elevate to a custodial detention if the police officer's behavior becomes coercive, threatening, or forceful or detains you for a too long a period of time.
If you are pulled over and a potential DUI defendant, this is where you have to be smart and live by this rule. NEVER TALK TO POLICE AND BE A WITNESS AGAINST YOURSELF. Simply decline any conversation with the police and decline sobriety testing.
If the officer decides that he has probable cause to arrest you for suspicion of DUI, and decides to arrest you, at this point your Miranda rights may be read. However, I would like everyone to hear this important point: THE POLICE NEVER HAVE TO READ YOU YOUR RIGHTS. That is correct, you heard it right. The police are under no obligation to read you your rights. The police can arrest you for DUI and prosecute you without ever reading you your rights. The only time the police must read you your rights is if they intend to introduce a statement or confession made by you at trial after a custodial interrogation. If the police do not wish to introduce any of your statements the reading of Miranda rights are not necessary. However, the beauty of Miranda is this: if the police try to introduce your confession or statement made while you were under arrest and do not read you your rights, then the court should suppress this evidence and not allow it at trial.
I hope this sheds some light on the subject. So now you know, if the police have enough evidence on you and do not need to introduce your confession or statements made while under arrest, your Miranda rights never need to read. However, as a matter of course the police usually do read you your rights once under arrest. It covers them and allows them to introduce those statements if necessary. A confession is an easy conviction for them.
