Miranda Warning for New Jersey DWI Cases

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, you may apply to the court and one will be appointed to you.”

There is quite a bit of confusion and misinformation among citizens about the procedural guidelines regarding the reading of one's Miranda rights by an officer upon being arrested for a DWI in the state of New Jersey. Many believe the Miranda doesn't apply to being arrested for DWI or other traffic related violations, while others, mostly due to police dramas on TV and in movies, believe that an officer must recite the Miranda warning immediately upon questioning an individual in any circumstance.

The truth is, the Miranda warning, or Miranda rights, must be read to an individual upon arrest and suspicion of criminal activity. An officer must read an individual his or her Miranda rights before interrogation and during any line of questioning in which an individual's answers, comments or statements could possibly incriminate themselves.

Miranda Requirements in a DWI

A police officer has the right to ask you questions upon engaging in a motor vehicle stop, and you have the right to politely decline to answer. However, if the officer asks to see your driver's license, registration or proof of insurance, you may not refuse to provide the requested documents. The officer may also ask you some basic questions pertaining to where you were coming from or where you are headed at the time of your stop, which is appropriate without the mention of your rights under Miranda.

As to the reading of the Miranda warning in New Jersey DWI arrests, police must notify you of your Miranda rights upon being arrested for a DWI. This is commonly done either at the scene of the traffic stop or when you are subsequently taken to the police department for processing and breath test administration. You will be shown a standard Miranda warning form and you will be required to read and sign this form to verify that you understand your rights.

Arrested for DWI in NJ? Contact Villani & DeLuca Today!

The law firm of Villani & DeLuca, located in Point Pleasant Beach, New Jersey, is experienced in defending clients in New Jersey against DWI charges throughout Ocean and Monmouth Counties. If you have been charged with DWI in New Jersey, contact Villani & DeLuca today and one of our skilled DWI defense attorneys will review your case and see if we can help. We offer free initial consultations.