How do Miranda rights fit together with Indiana DUIs? You know the drill: “You have the right to remain silent. Anything you say can and will be used against you.” But when does this actually apply? In the State of Indiana, police aren’t required to read you Miranda rights during a DUI investigation, even if they’re questioning you.

The Rule in Indiana

Here’s the rule: Miranda rights only apply if you’re in custody and being interrogated. This seems like a simple standard until you look at how it’s applied to traffic stops. During a traffic stop, you’re not free to leave, and the police are definitely asking you questions. Does this count as being in custody? No!

Courts have somehow decided that a traffic stop doesn’t qualify as being in custody, and therefore you’re not entitled to Miranda rights when you’re pulled over. It is not fair, and it is not logically consistent.

When Does Miranda Matter?

There are still cases where it’s possible to argue that Miranda should’ve been read sooner. If you were involved in an accident, for example, or if the investigating officer already has some reason to suspect intoxication. The deck, however, is stacked in favor of the State.

Click here to read more about Miranda rights in Indiana DUIs.