What to do if a cop arrested me for DUI but never read me my Miranda rights?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if a cop arrested me for DUI but never read me my Miranda rights?

The police held me overnight, then after freeing me, I wasn’t given my wallet. However, later that day I found it in my mail box. Are these illegal actions by the police?

Asked on June 8, 2013 under Criminal Law, California

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

In the State of Georgia, upon making an arrest for suspicion of Driving Under the Influence of Alcohol or Drugs, the officer is required to inform you of your "Implied Consent" rights.  Implied Consent Rights address the State Administered Chemical Test of your blood, breath, urine or other bodily substances.  The Miranda Warning is only required if the officer wants to interrogate (i.e., question) you after you have been taken into custody.  You may want to read an article I recently wrote which addresses this issue.  The link follows: http://www.vanjohnsonlaw.us/articles/bid/277063/IMPLIED-CONSENT-AND-THE-DUI-ARREST-IN-GEORGIA

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The fact is that the Miranda warning need be read to every arrestee. A person must be given their rights if: (1) they are under arrest and (2) they are then questioned (questions incidental to the booking process, etc. do not count).

Therefore, unless you were interrogated after your arrest, the Miranda warning need not have been given to you. Conversely, if you were questioned after being taken into custody, then you would have a claim.

Note: Any statements made prior to your arrest can be used against you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption