DUI and Miranda

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.