Miranda Rights in Atlanta
One of the most common questions in Atlanta after a DUI arrest involves not being read Miranda Rights. In fact, many people as tell their DUI lawyers they were never read their Miranda Rights. Miranda Rights are typically not read during an arrest. Many people will recognize Miranda Rights on a movie or television show because a police officer will recite the suspect has the right to remain silent.
Also, they explain the suspect has the right to remain silent and anything they say can be used against them in court.
That is why an individual arrested for a crime such as DUI will assume their case will be dismissed when a police officer does not read them their “rights.” This is usually not true. Here is what you need to know if you or a loved one was arrested and not read Miranda Rights:
Miranda is not in the Constitution, but a Supreme Court Ruling that is the Law of the Land in The United States
One myth about the “rights” is that it is a right. The term “Miranda Rights” refers to an actual U.S. Supreme Court case called Miranda v. Arizona 384 U.S. 436 (1966). A defendant, Miranda, was not told he had a right not to incriminate himself.
The information heard on drama shows are actually in the FifAmendmentsth amendments in the U.S. Constitution. The justices analyze the amendments and determine police have the responsibility to explain rights to suspects during an arrest. However, there are some exceptions.
Miranda Rights do not Always Apply in Georgia DUI Cases
Miranda Rights are simple to the First Amendment. The First Amendment gives a person the right to speak freely. However, free speech is limited in particular circumstances. A person is free to say a racial slur without criminal consequences. They are not free to shout “fire” in a crowded room when it is on fire. The individual may face a criminal charge. Miranda Rights has some exceptions.
Take the right that “You have the right to remain silent.” This right applies to anyone in custody of the police and they are working to get the defendant to confess. Unfortunately for people suspected of DUI are typically not in that situation. A police officer is usually a witness to the alleged DUI crime.
Also, the majority of the evidence is gathered prior to the driver’s arrest. The right to remain silent rarely applies to a DUI arrest.
Miranda does Apply in Some Georgia DUI Cases
Under some circumstances, an Atlanta police officer would have to read a driver their rights. For instance, when a driver is in legal custody of the police after a DUI investigation, they must be read their rights. This typically happens when are allegedly involved in a hit and run in Atlanta. The police officer notices you are allegedly intoxicated. The police officer would arrest you and then read you your Miranda Rights.
It can also happen if a police officer observes you committing another crime prior to the start of the DUI investigation. Another crime could be a traffic infraction or having a suspended license. You would be read your rights regardless of the DUI investigation.
A common example of when Miranda is required involves the Plain View Doctrine. If an Atlanta police officer notices drugs in plain view, then an arrest can be made based on that evidence. To see something in “plain view” means it was not hidden and police did not conduct a search. An arrest would be made and Miranda read.
A Driver Arrested for DUI in Georgia does have Rights
It is easy to assume that since Miranda is not read in every situation that a driver does not have rights when arrested for DUI. That is not true. Statutory rights do apply in all Atlanta DUI cases. A statutory right is given by the state legislature to citizens. It can be amended or repealed at any time.
One type of statutory right is called implied consent. The Georgia Implied Consent Warning is a legal requirement for a driver to undergo any breath, urine or blood test during a DUI investigation. The right is considered implied because a driver gives non-verbal consent each time they operate a motor vehicle.
In addition, the warning gives the driver the right to conduct their own independent blood, breath or urine test to prove they are innocent of DUI.
Police must advise each driver of their implied consent rights. Failure to do so will create a legal defense challenge. For instance, if you are not told at the time you have the right to provide a breath DUI test, your lawyer can file a motion to dismiss charges.
Many Factual and Legal DUI Defenses are Available to You to Fight a Georgia DUI Charge with Yeargan & Kert, LLC
You have been accused, arrested and/or charged with DUI in Georgia. This is not a slam dunk case for prosecutors. You have factual and legal DUI defenses available to you to fight your charge. The most important aspect of fighting your charge is determining which defense is available to you.
To do this, contact Georgia’s DUI experts. At Yeargan & Kert, LLC we will appeal your automatic license suspension. In Georgia, your license is automatically taken away because of a DUI arrest. You have 10 days to file an appeal to keep your driving privileges. If you fail to file an appeal, your license will be suspended for 12 months. You will not qualify for any limited driving permit or restricted license.
Yeargan & Kert, LLC will also explain all factual and legal DUI defenses available to you. We will then fight your charge based on the strongest defense available. We will work to get your case reduced or dismissed. If we go to trial, we will fight to prove your innocence.
Contact Yeargan & Kert, LLC immediately if you were accused of DUI in Georgia.