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Georgia’s DUI laws require that officers who stop and arrest you for driving under the influence, a DUI, must explain the state’s implied consent law. They do not have to read Miranda rights to a DUI suspect.
The right against self-incrimination and the right to obtain legal counsel are read to suspects arrested in criminal cases. These rights are usually read at the police station when suspects are formally charged and processed.
Under a Georgia Supreme Court ruling, the State vs. Turnquest, a law enforcement officer must read Georgia’s implied consent notice immediately at the roadside at the time of the breathalyzer test. This implied consent law in Georgia is defined under Georgia code 40-5-55.
At Moffitt Law, LLC, we provide a breakdown of Georgia’s implied consent law and the importance of understanding the penalties if consent is denied.
Do Miranda Rights Have to Be Read for a DUI Arrest?
The implied consent law of Georgia includes the following:
- The person under suspicion for drunk or drugged driving is required to submit to testing.
- Major legal ramifications and potential penalties for refusing to submit to the test.
- The right to ask for an independent urine or blood test after the arrest.
Understanding Implied Consent is more important than Miranda rights in DUI arrests. If the law enforcement officer fails to read the notice, they are deemed to have violated the law.
Therefore, any evidence or test results gathered may be rendered inadmissible in court. This includes the standard breathalyzer test and other tests given by law enforcement when a drunk driving suspect is stopped and pulled over.
What Does Implied Consent Mean?
The driver of the vehicle consents verbally to the specific terms and takes the breathalyzer test. A suspected drunk driver who declines the test or refused to say “yes” to taking it may have their driving privileges suspended immediately. The officer can file a DDS 1205 form indicating the suspect refuses to cooperate.
The officers may require a sobriety test if a suspect refuses the breathalyzer test. This requires the person to try to walk a straight line, one foot in front of the other. If the driver fails that test or refuses and the officer feels the person is intoxicated, the driver may be arrested and jailed. Refusal to cooperate will make it more difficult for the suspect in court.
When Are Miranda Rights Necessary for DUI?
Many people fighting a possible DUI conviction claim they were not read their Miranda rights to stay silent and have a lawyer. As a result, they feel that their case must be dismissed. As we explained, Miranda rights do not apply to DUI arrests in Georgia.
Miranda rights are read in cases where a driver is arrested on other charges. If arresting officers for a DUI find illegal drugs or contraband in a vehicle, or they suspect that the driver and possibly passengers can be charged with other crimes, they are obligated to advise suspects of their right against self-incrimination and the right to legal counsel. But, this does not have to be done at the time of the arrest and impoundment of the vehicle.
Contact An Experienced DUI Defense Attorney
Contact us at Moffitt Law, LLC if you or a family member are arrested for a DUI. We have an experienced staff who will work to safeguard your rights and interests. This includes avoidance of a DUI conviction when possible.
Reach out to us for a free evaluation of your case.
