What to do if at no time during arrest was I read the “implied consent warning” or my “Miranda rights”?

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What to do if at no time during arrest was I read the “implied consent warning” or my “Miranda rights”?

In the research that I have done, if you are not read you implied consent warning then your BAC report is invalid in court. Is that true and, if it is, will my DUI charge get dropped because there is no report saying I had alcohol in my system?

Asked on November 20, 2013 under Criminal Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Implied consent occurs when the officer has probable cause to arrest you. If you refuse to take the test after the officer has read your implied consent rights, then your license will be immediately suspended. If the officer doesn't give you the rights or read your Miranda (assuming there has been arrest of some sort or you are not free to leave), consider that a motion should be filed by your criminal defense attorney to suppress the BAC results and motion to dismiss the charges based on the supression of the test results. Keep in mind, however, that if Miranda had been read, there is very little that can occur here that could dismiss the charges. If the officer has video of this arrest or series of contacts with the individual, then the video will be the first piece of evidence the prosecution and your attorney will review to determine if charges should dropped or evidence suppressed or both.


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