Miranda rights in California DUI cases

The Miranda Right admonition is usually voluntary in California DUI cases and not usually given after most California DUI arrests, for the following reasons:

During the California DUI investigative stage, the California DUI officer has no obligation to advise one of the person of Miranda Rights (right to an attorney, right to remain silent etc.).

In California DUI cases, the California DUI officer normally asks all the California DUI-related questions before arresting (handcuffing), thereby avoiding the issue of having to advise a person of his or her Miranda Rights. During the California DUI investigative phase, the person suspected of a California DUI does not have to answer any California DUI-related questions but the person usually does.

Not until handcuffed (and arrested for California DUI) is the need for the California DUI Miranda Rights Admonition triggered.

And by that time, the California DUI officer normally has all the answers to all the questions needed to arrest for California DUI - driving under the influence of alcohol.

After that, the California DUI officer abstains from questioning during California DUI custody.

It is not like the California DUI officer takes the person downtown and puts them under a hot light: "Did you commit a California DUI?"

And in California DUI cases, the person has no right to speak to a California DUI attorney (or any lawyer) before deciding whether to take the required breath or blood test (it's called the "implied consent" law when one signs up for one's license).

In sum, the right to remain silent and the right to a California DUI attorney are substantially different in a California DUI case.

Caveat: Nonetheless, any interrogating statements made after taken into California DUI custody (e.g. in the police car: "Were you drunk?" "Yes, I was very drunk") may not be used against the person at the California DUI trial and are subject to suppression by one's California DUI Lawyer for failure to properly and timely admonish.