DUI and Miranda

Drivers are arrested in Atlanta, GA for DUI all the time. Drivers are usually surprised when Atlanta DUI officers stop them, ask for their license, talk to them about how much they had to drink, have them undergo field sobriety tests, place them under arrest, and give them a breathalyzer, all WITHOUT having been read their Miranda warning.

Under Georgia law, Miranda does not have to be read until a driver is in custody. In "custody" usually means under arrest, though it can apply to situations when a reasonable person would assume that they are under arrest even though they have not formally been arrested by the police officer and put into handcuffs. If the DUI driver is in custody and then the officer proceeds to ask questions, or interrogate, the driver, those statements are not admissable in an Atlanta DUI trial unless they were advised of their Miranda rights first. Unfortunately, Georgia courts have held that you do not have to be read your Miranda warning before being asked to take the breathalyzer in most instances. Atlanta DUI officers do need to read you an implied consent warning however.

If you are facing an Atlanta DUI charge, call Fulton County DUI lawyer Richard Lawson to discuss your case and available defenses. DUI is very technical and specific. That is why Mr. Lawson handles only DUI and alcohol and drug related cases. If you want to contest your Atlanta DUI charges, don't settle for a jack of all trades, general practice lawyer, but demand the best DUI defense. Call attorney Lawson's Atlanta DUI office today.