Criminal Defense & DUI
Browse published legal information questions related to Criminal Defense & DUI.
What happens if police read Miranda rights in Spanish but I only understand English?
If police read Miranda warnings in a language you do not understand, the issue is usually whether you actually received and understood the warnings well enough to make a knowing, voluntary, and intelligent decision about...
Is it legal for police to question me before Miranda if they say it was for public safety?
In general, police may be allowed to ask questions before giving Miranda warnings if they are trying to address an immediate public safety concern. This is often called the “public safety” exception. It is usually discus...
Do I have to explain why I am invoking my right to remain silent?
In general, no. If you are in Mississippi and you are being questioned by law enforcement, you usually do not have to explain why you are choosing to remain silent. The purpose of the right to remain silent is to let you...
Do I have to answer questions from detectives if they say I am not under arrest?
In general, no. In South Carolina, as in the rest of the United States, being told that you are not under arrest usually means the police have not formally taken you into custody. That does not automatically create a dut...
Can police keep questioning me if I say maybe I should talk to an attorney?
In general, police may continue asking questions if your statement about a lawyer is not clear enough to count as a request for counsel. Saying “maybe I should talk to an attorney” can sometimes be treated as ambiguous,...
Do I have to sign a Miranda waiver form before talking to police?
In general, no. You usually do not have to sign a Miranda waiver form before speaking with police. A form is one way officers may try to document that you understood your rights and agreed to talk, but a signature is not...
Can police use what I said during a traffic stop if they never Mirandized me?
In general, yes, police may be able to use what you said during a traffic stop even if you were never read Miranda warnings. Miranda warnings are usually required only when a person is both in custody and being questione...
Do I have to clearly say I want to remain silent for questioning to stop?
In general, yes: if you want police questioning to stop, you usually need to clearly and unambiguously say that you want to remain silent. Simply staying quiet, looking away, or refusing to answer some questions may not...
What are my rights if I asked for a lawyer but detectives kept questioning me?
In Illinois, if you are in police custody and you clearly ask for a lawyer, detectives generally must stop asking you questions until a lawyer is present. This rule is based on the idea that a person should be able to en...
What happens if I confessed before the officer told me I had the right to remain silent?
In general, a confession made before a police officer gives Miranda warnings is not automatically thrown out. The most important question is usually whether you were in custody and being interrogated at the time you spok...
Can I be fired because of a DUI arrest before I am convicted?
In West Virginia, it may be possible for an employer to fire an employee because of a DUI arrest before any conviction, but the answer usually depends on the facts. In general, private employers often have broad discreti...
Is it legal for the court to order random alcohol testing while my DUI case is pending?
In Hawaii, a court may be able to order random alcohol testing while a DUI case is pending, depending on the circumstances of the case and the conditions the court is allowed to impose. This kind of testing is often trea...
Is it legal for my insurance to cancel my policy after a DUI conviction?
In general, yes, an insurance company may be allowed to cancel or choose not to renew a policy after a DUI conviction, depending on the policy language, state insurance rules, the timing, and the reason the insurer gives...
Can I get a DUI on a scooter or e-bike after drinking?
In Utah, it is possible that alcohol-related charges could apply to someone riding a scooter or e-bike, but the answer depends heavily on the type of device, how it is classified, and the specific facts. In general, DUI...
How do I fight a DUI if the officer did not observe me for 15 minutes before the breath test?
In Iowa, a missing 15-minute observation period before a breath test may matter, but it does not automatically dismiss a DUI charge. In general, the observation period is intended to help reduce the chance that a breath...