Miranda Rights – Are They Required?

Citizens Expect to be Mirandized if Arrested

Close to 75% of my clients arrested for DUI ask the same question, “Law Enforcement didn’t read me my rights, shouldn’t they have done that?”  This question overrides almost every other question including “will I go to jail?” or “will I be able to drive?”.

What are Miranda Warnings?

What most people refer to as the “reading of their rights” is what is commonly known as one’s Miranda warnings. 

“You have the right to remain silent.”
“Anything you say can and will be used against you in a court of law.” 
“You have the right to an attorney.” 
“If you cannot afford an attorney, one will be provided for you.”
“Do you understand the rights I have just read to you?” 
“With these rights in mind, do you wish to speak to me?” {Miranda v. Arizona, 384 U.S. 436 (U.S. Ariz. 1966)}

Miranda Warnings in Tennessee DUI Cases

In general, Miranda rights are only required when a citizen is in custody and is questioned about the crime. In the common Tennessee DUI case, most citizens are questioned about the crime after being stopped in the vehicle or at the scene of an accident. They are generally not free to leave but are usually not handcuffed nor placed in the rear of a patrol car.  The courts have determined this level of questioning, even when the citizen is not free to leave and not considered in custody, does not require Miranda rights to be read.

Federal: Berkemer v. McCarty, 468 U.S. 420 (U.S., 1984)
Tennessee: State v. Anderson, 937 S.W.2d 851 (Tenn., 1996)

The issue becomes more complex when someone is in custody, handcuffed, or locked in a patrol car and then asked to consent to a blood alcohol test. The courts have further determined that this particular question is to gain permission for the blood alcohol test and does not require the reading of Miranda rights.

Hire An Experienced Tennessee Criminal Defense Attorney

At the end of the day, unless you are questioned about whether you were driving, or drinking, meanwhile handcuffed or locked in a patrol car, you will likely not be read your Miranda rights. The courts as well will likely not find the failure to read the Miranda warnings violated your rights as a citizen.

If you have been charged with a crime, you have already realized that the odds are in the State’s favor since they not only decide what to charge you with and what your sentence will be if found guilty, they also decide how to interpret your rights as a citizen. I and my team have passionately and successfully defended citizens accused of crimes for over 20 years. Give us a call 24/7 to find out if we can help you.