Posted by duijim in on December 21, 2016
Two law enforcement officers in Sandy Spring were recently involved in an accident when the driver of a motor vehicle collided with the officers’ patrol cars while the officers were investigating an accident on Interstate 285.
The accident resulted in moderate damage to one of the vehicles. Both law enforcement officers placed their patrol vehicles on the westbound side of Interstate 285 at the exit ramp to Peachtree Dunwoody Road as thy helped repair the collision. The vehicle’s driver was detained by law enforcement at the scene of the accident and asked to exit the vehicle.
When law enforcement observed that the driver staggered while walking and kept falling on the ground, the officers recorded this intoxicated behavior. The driver also allegedly informed law enforcement that he had five to eight drinks and that he had consumed more alcoholic beverages than he should have. A series of field sobriety tests were then performed as well as a breathalyzer, which showed that the driver had a blood-alcohol level of .180 which is more than twice the legal limit. The driver was arrested and charged with DUI less safe, reckless driving, and failure to move over.
Miranda Rights in Georgia
Miranda rights refer to an individual’s right to be informed about his or her right to an attorney, the right to remain silent, and the right to refuse to speak with law enforcement. The only situations in which Miranda rights apply are when an individual is in custody and a law enforcement officer is questioning the individual about crimes that were committed. Statements that an individual gives to law enforcement without having been informed of Miranda rights are frequently suppressed as evidence in a court of law.
The role of Miranda in Georgia DUI stops can be complicated because individuals are rarely in custody when a law enforcement officer begins attempting to gather potentially incriminating information. Miranda rights also apply to field sobriety tests in a complicated way. Motorists cannot be forced to perform these tests because the results of these tests might incriminate the individual.
In order for an individual to perform a field sobriety test, he or she would need to be read Miranda rights, then waive these rights, and agree to perform a field sobriety test. Miranda Rights, however, are different from Implied Consent Law. Under Implied Consent Law, individuals are required to give a blood alcohol content test to law enforcement and refusing to perform these tests will result in at least one-year suspension of the individual’s license.
Obtain the Services of a Knowledgeable Atlanta DUI Attorney
If you or a loved one has made incriminating statements due to a DUI stop in Atlanta, consider retaining the services of a skilled DUI attorney at Yeargan & Kert who knows how to respond to such a case to make sure that a case reaches the best potential outcome.