When Are Miranda Rights Required in a DUI Stop?

In this closeup, focus is on a pair of handcuffs held by a police officer. The officer stands behind a man with his hands behind his back. A parked car is in the background. Concept for When Are Miranda Rights Required in a DUI Stop?

Individuals facing a Georgia DUI charge sometimes wonder whether the arrest is invalid because police did not immediately read the driver their Miranda rights. While failure to provide the Miranda warning can be the basis for challenging evidence in any criminal case, police are not always required to read the rights. A law enforcement officer is rarely required to give the warning to a driver at the beginning of a DUI stop. The complex legal rules for law enforcement advising a driver of their rights in a DUI stop are one important reason why anyone facing a DUI charge should immediately talk with an experienced criminal defense lawyer.

What Are Miranda Rights — and When Are They Required?

In 1966, the United States Supreme Court issued an opinion in the case of Miranda v. Arizona, establishing that the U.S. Constitution requires police to advise a defendant of certain rights under the Fifth and Sixth Amendments at a certain point during a criminal investigation. Even though subsequent cases reiterated that rule, these rights became known as the Miranda rights or Miranda warnings, based on the name of the first case where the requirement was established.

Miranda rights are commonly given by police when a person is arrested, as often seen in movies and TV shows. In the warnings, police tell the person that:

  • They have the right to remain silent
  • Anything they say can be used against them in a court of law
  • They have the right to talk to a lawyer and have a lawyer present during questioning
  • They the right to have an attorney appointed if they cannot afford one

Court decisions establish that a person must be advised of the Miranda rights prior to custodial interrogation. Reading the rights is not required before that point. For that reason, police typically read the rights when someone is questioned after being placed under arrest.

The propriety of officer conduct in giving Miranda warnings is sometimes an issue in a criminal case. If a defendant made an incriminating statement while being interrogated by the police, and the court determines that Miranda rights should have been read before the defendant’s statement was made, the court will suppress the statement and not allow it to be used by the prosecutor. The failure to read Miranda rights does not necessarily result in dismissal of criminal charges, if the case can be proven through other evidence.

A person who faces police questioning in any circumstance, including a DUI stop, always has the Constitutional rights included in the Miranda warnings. The rights do not only arise when the warnings are given. Anyone can exercise their rights to remain silent and to talk with an attorney before questioning, regardless of whether police read the rights it is always wise to seek legal counsel or to request an attorney when being questioned by law enforcement.

Miranda Rights During a Georgia DUI Stop

When Georgia police stop a person on suspicion of DUI, Miranda warnings are not always immediately required because the person is often not arrested or taken into custody for questioning right away. Officers may conduct a preliminary investigation that includes testing for alcohol or drugs, without putting a person under arrest.

Georgia police may read a driver a different set of rights, which are those relating to the state implied consent law. Under that law, every driver in Georgia provides consent to undergoing breath, urine, or blood tests during a DUI investigation. While not discussed in this blog, one still has the right to refuse testing even after the implied consent warning has been read. For the implied consent law to apply, police must provide the person with a required implied consent warning, which explains the law and advises the person of their right to refuse testing and the right to demand an independent blood, breath, or urine test.

Individuals charged with DUI sometimes confuse the implied consent warnings with Miranda warnings. They are two completely different sets of rights and warnings, implicated at different times after a DUI stop and during a DUI investigation. In some cases, the implied consent warnings are the only warnings that will be given to the accused unless custodial interrogation occurs requiring Miranda warnings. Police may give the two sets of warnings at different times.

Importance of Miranda Rights and Implied Consent Rights in a DUI Case

If you face a Georgia DUI case, an experienced criminal defense lawyer can assert an aggressive defense against the charges. The actual facts surrounding the arrest and investigation determine the best defense strategy in a specific case.

How police handled advising the defendant of their implied consent rights and Miranda rights are two important matters in any DUI case. Analyzing the circumstances to determine whether those warnings were properly issued requires specialized knowledge and training, particularly with regard to the legal rules about how police are required to provide the warnings by Georgia statutes and case law.

Before you draw conclusions about Miranda rights and implied consent warnings in your case, it’s essential to talk with an experienced Georgia DUI defense attorney. Your lawyer will investigate your case thoroughly, including the rights and warnings aspects, in determining what defenses are available in your case.

Talk with an Experienced Georgia DUI Defense Lawyer

Our criminal and DUI defense lawyers at The McCoy Law Firm, LLC, have decades of experience representing defendants facing DUI charges in northwest Georgia. If you need representation on a DUI charge, please contact Criminal & DUI Law of Georgia, so we can begin working on your case right away.

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Categories: DUI