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Do Police Officers have to Read a Driver Suspected of DUI the Miranda Rights? In 1966, in the case of Miranda v. Arizona, the United States Supreme Court held that when the police take a suspect into custody and ask that person questions, that the police must warn the suspect that they have the right to remain silent, that anything he or she says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires. If a Tampa Police Officer or a Hillsborough County Sheriff's Office Deputy stops a driver on suspicion of DUI and the officer or deputy just asks the driver where they are coming from and where they are going, Miranda warnings are not required. That’s because according to current law, when a law enforcement officer stops a driver for a traffic infraction, the law does not consider the driver to be in custody. However, if that same officer or deputy were to order the DUI suspect out of the vehicle, handcuff him, and then put him in the back of the police cruiser, then the officer should read the suspect the Miranda rights before questioning. If you have been accused of DUI in Hillsborough County, Florida, call the Hardy Law Firm and get help today.