I find that many laypeople are under the impression that if their Miranda rights aren't read to them, their case will be dropped. It's not quite that simple. The truth is that once you're in custody, you have the right to be warned about the consequences of speaking to police, and if you don't receive the proper warning, whatever statements you make while in custody will not be admitted against you. This can sometimes make it more difficult to convict you, but it doesn't mean your case will be dismissed outright.
So what does it mean to be "in custody"? It's not always the same as being "under arrest." A recent court case held that the two biggest factors in determining whether a person is in custody for Miranda purposes are having handcuffs placed on you and being put in the back of a squad car. After that, the police should probably give you the Miranda warnings if they want to make sure that your statements are going to be admitted into court - even if their reason for handcuffing you was for safety purposes, even if it's standard department policy when transporting someone, even if they are alone and need backup before they can release you. The court said none of that mattered - the person is considered to be in custody whether or not they are going to be arrested.
How does this come into play in DUI cases? Most "ordinary traffic stops" do not entitle you to have your Miranda rights read to you because while you are in your car, talking to a police officer who has not arrested you, the law says a reasonable person would know he is not yet in custody. (This is why Ricketts & Yang always advocates telling police officers, "I don't want to answer any questions. Am I free to leave?" This will force them to make a decision with the limited information they have already, and very often they don't have enough to arrest you yet. If that is the case, they'll have to say you're free to go.)
Even when the officer asks you to step out and do field sobriety tests or take a breathalyzer, the idea is that you are doing this voluntarily. Therefore, no Miranda rights. However, where there is an accident, police policy often dictates that they remove all individuals from the scene for safety purposes. Sometimes, this means putting handcuffs on you and placing you in the back of the squad car. From that point on, the law says a reasonable person would understand they are not free to leave and are under the psychological pressure of being "in custody." People v. Bejasa, 205 Cal. App. 4th 26, 38
(2012). The police may interrogate you (or "interview" you as they like to call it) but your statements will likely not be admissible in court unless they were made after you were read your Miranda rights.
Always remember: don't answer police questions. Ever. And once you are read your Miranda rights, that should be a big red flag that they are trying to get you to say something in particular! You may be tempted to tell the police your version in hopes that they will let you go or feel sympathetic for the way it happened, but remember: nothing you say can be used in your favor. The rules of evidence won't let you! Your statements can ONLY be used against you. So don't fall for their line that they want to put your side of the story into the police report - that's where it'll stay. The judge and the jury will never hear it. Just don't say anything at all.
The takeaway message? An open-and-shut case, complete with confession, may fall apart entirely once a Miranda motion is made. Always consult an attorney when you are charged with any offense, because the law often has protections built in that an attorney can use to your advantage.
