Will My Arrest in Georgia Be Dismissed If The Officer Never Read Me My Rights?

Posted by Richard Lawson | Nov 18, 2018 | 0 Comments

As a Georgia DUI Lawyer, I receive a lot of calls throughout the week from people who have been arrested for DUI in Georgia. DUI charges are common in our state because Georgia DUI Laws are some of the strictest DUI Laws in the country. 

That being said, one of the most common questions I hear is whether or not an individual's arrest was valid or constitutional if the officer never read the individual's rights. 

I am writing today's post to clarify the confusion behind this question. Most people are under the impression that an officer must read them their rights, otherwise known as their “Miranda Rights.” 

Rights in a Georgia DUI Case

As a result of the world that we live in, people expect that they are entitled to certain rights during any and all arrests. These rights include: the right to remain silent; that anything they say can be used against them in court; and that they have the right to the assistance of an attorney; and if they cannot afford an attorney, one will be appointed to represent them.

These rights are popularly known as “Miranda Rights” - however, these rights actually stem from the 5th and 6th Amendments to our Constitution. Much like any other right - these rights are limited to specific circumstances, and most of the time, these rights do not apply in a DUI case. 

There are some narrow hypothetical situations in which a DUI would elicit the necessary reading of rights under Miranda.

These situations include:

  • When a person is arrested for leaving the scene of an accident, and then the police officer notices that the arrestee was impaired.
  • When a police officer sees evidence of another crime before the DUI investigation begins, such as when the officer already knows a person's license was suspended.
  • When the police place a suspect in their patrol car for an extended period of time before formal arrest.
  • When a police officer sees, in plain view, drugs in the automobile before the DUI investigation begins.

Practice Note

No matter the circumstances of your arrest, it is important to consult with a Georgia DUI Attorney. No case is hopeless or doomed to become a conviction. 

There are plenty of other ways to defend against a DUI in Georgia, so if you have been arrested, contact us today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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