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An arrest is not a conviction. We review the basis for the stop and arrest, the circumstances of any questioning, requests for counsel, and how test evidence was obtained.
Legally reviewed by Roger Priest · September 24, 2026
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Miranda warnings are required before custodial interrogation, not merely because an officer has made an arrest or asked a question. A routine roadside traffic detention is generally not custody for Miranda purposes, although a stop can become custodial when its circumstances resemble formal arrest. Courts examine the complete circumstances rather than applying a rule based only on location or an officer's label.
After a person in custody clearly invokes the right to counsel during interrogation, police generally may not continue custodial interrogation unless counsel is present or a recognized exception applies. The rules for invoking and honoring the right to remain silent are related but not identical. Police may still give lawful directions, request required driving documents, conduct non-interrogative procedures, or ask questions not reasonably likely to elicit an incriminating response.
A Miranda violation can support suppression of a statement obtained through custodial interrogation. It does not automatically dismiss the charge or exclude evidence obtained independently. The evidentiary treatment of silence also depends on when the silence occurred, whether the person was in custody, whether warnings had been given, whether a right was clearly invoked, and how the prosecution seeks to use it.
This page therefore should not promise that silence can never be used or that every question must stop during a roadside investigation.
These government sources support the general legal information on this page. The facts and current documents in an individual case control the legal analysis.
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Your license can be suspended before your criminal case is resolved. The hearing-request deadline can be as short as seven days after notice.
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Most DUI charges carry up to 364 days in jail. We build a defense around every stage of the case, not just the arrest.
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Multiple prior convictions can turn a DUI into a felony. We look hard at whether every prior conviction actually holds up.
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A path to a full dismissal for qualifying cases, in exchange for a serious, multi-year treatment commitment.
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FAQ
Yes. If a judge finds the officer lacked probable cause, evidence gathered after the arrest can be excluded, which often leads to a dismissal.
You must provide driving credentials required by law and comply with lawful directions. Miranda warnings apply before custodial interrogation, and the treatment of another question, answer, or silence depends on custody, interrogation, warnings, invocation, and the proposed evidentiary use.
A Miranda violation can support suppression of a statement obtained through custodial interrogation. It does not automatically dismiss the charge or exclude evidence obtained independently.
Contact us
Free consultation. Available 24/7. We quote a flat fee up front and offer payment plans on most cases. The number we quote is the number you pay, no matter how many hearings your case takes.