Attorney Kirk Tarman Explains When Statements In A DUI Arrest Can Be Used And How Miranda Affects Their Use In The Court Case
Miranda matters less in DUIs than movies suggest, explains San Bernardino attorney Kirk Tarman. It suppresses only incriminating statements, not the officer's physical observations, and warnings kick in only at arrest—so pre-arrest roadside answers are usable. His advice: politely give your license, decline to make statements, and you can still challenge a coerced chemical test later.
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Answered by Kirk Tarman · San Bernardino County, CA
Highlights
Frequently Asked Questions
Does Miranda work like it does in movies for DUIs?
No—it matters less than movies suggest. It suppresses only incriminating statements, not the officer's physical observations, and warnings kick in only at arrest, so pre-arrest roadside answers are usable.
Do you get a lawyer before choosing a test?
No—there's no right to a lawyer when deciding which chemical test to take, so that choice is made on the spot.
Can suppression still help your case?
Yes—suppression can keep your drinking history or coerced statements out of court, even if the physical evidence stands.
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