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It can be a little nerve wracking if you are stopped by the police in Los Angeles, on suspicion of DUI. But what should happen when you are stopped; do the police have to read you your rights? You are probably familiar with the Miranda warning, or Miranda rights, as you may here it referred to; whether from personal experience, or from watching crime procedurals on TV.
These rights are read to you once you are in police custody. They have to be read before you are questioned about a crime. This does not necessarily apply if you are stopped on suspicion of DUI. Let’s take a look at why.
Being stopped on suspicion of DUI
It’s possible that police could get sufficient evidence when they stop you, without needing to question you. When you are first pulled over, you are not actually in custody; this means that there is no requirement to read you your rights at this point. After you are stopped, you will normally be asked to comply with a field sobriety test or a blood alcohol concentration test. The results of either of these tests can be reason enough for you to be arrested. The results can also be used in court, and so can anything you say to the police at this point. This is because you are not yet under arrest when the tests are completed.
What happens after you are arrested?
You may think that police will read you your rights once you are arrested. This does not necessarily happen. The results from the test may be all the evidence that is needed, so it may not be necessary to actually question you.
Thinking about the consequences of a DUI conviction
You can see how simple it can be for the police to gather enough evidence to proceed with a DUI charge. If you are charged with DUI, you should seek help and support from a Los Angeles DUI Attorney. The consequences of a DUI conviction can be serious, so you need to make sure that you get correct advice from the experts.
There are certain circumstances when the punishment for a DUI conviction is especially severe.
- If you were driving at more than 20 mph over the limit when you were stopped.
- If there was a child under the age of fourteen in the vehicle.
- If you have been convicted of DUI on another occasion, within the previous ten years.
- If the results of the blood alcohol level test indicate an especially high reading.
There are several other reasons why you may be given a severe sentence. Your lawyer should be able to advise you about whether this is likely to be the case. It makes sense to refrain from driving under the influence in the first place, so you can avoid having to face the serious consequences.