Miranda Warnings and DUI
Protecting Your Fifth Amendment Rights During a Drunk Driving Investigation
When Do Miranda Rights Apply?
In a Michigan DUI case, Miranda warnings are a critical component of your defense. Many individuals inadvertently incriminate themselves by answering "simple" questions during a traffic stop. Krupp Law Offices P.C. has over 85 years of experience identifying when police have overstepped their bounds and failed to provide necessary constitutional safeguards.
CALL FOR A FREE PHONE CONSULTATION AT 616-459-6636.
1. Custody
The defendant must be "in custody," meaning they are not free to leave. This is determined by the totality of the circumstances and whether a reasonable person would feel restricted.
2. Interrogation
The police must be actively asking questions designed to elicit incriminating statements, such as "How much have you had to drink tonight?" or "Were you driving?"
The Coercive Environment
The U.S. Supreme Court ruled in Miranda v. Arizona that the Fifth Amendment privilege is available in all settings where freedom of action is curtailed. Without proper safeguards, the process of in-custody interrogation contains inherently compelling pressures that can undermine an individual's will to resist.
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Aggressive Constitutional Defense
Former prosecutors George and Christian Krupp understand the nuances of custodial interrogation. If your rights were violated, we work to suppress any statements made to the police, which can often lead to a reduction or dismissal of charges.
DUI Resources
85+ Years Experience
Protecting the constitutional rights of drivers in Kent, Ottawa, and Allegan counties.
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