DUI and Miranda

Posted by Richard Lawson | Sep 24, 2011 | 0 Comments

Drivers are arrested under suspicion of DUI very frequently. However, most people are surprised when officers stop them, ask for their license, ask them how much they had to drink, administer field sobriety tests , and place them under arrest - all without having been read their Miranda warning. Under Georgia law, Miranda does not have to be read until a driver is in custody. “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 drunk driver is in custody and then the officer proceeds to ask questions, or interrogate, the driver, those statements are not admissible 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 police officers do need to read you an implied consent warning.

About the Author

Richard Lawson

Richard S. Lawson is passionate about intoxicated driving defense. Unlike some attorneys, Mr. Lawson devotes 100% of his legal practice to helping people stand up for their rights against DUI charges. For more than 20 years, Mr. Lawson has dutifully fought for his clients' freedom, resolving more 4,900 impaired driving cases during the course of his career. Today, Mr. Lawson has developed a reputation as a skilled negotiator and continues to help clients by fighting to keep them out of jail.


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