What will happen if I was charged with a DUI but not read my miranda rights? 2 Answers as of June 09, 2011I was arrested in Gainesville, GA for DUI in 10/20/10. The GSP pulled in behind me when I was leaving a restaurant parking space and said someone complained about my driving. I failed the field sobriety test because I was scared and nervous. I have drove for 21 years and never had anything more than a speeding ticket and they were several officers out in the parking lot. I was arrested and the officer did not ever read me my Miranda rights. Do they have to read you your Miranda rights before they take you to jail?
Healan Law Offices | William D. Healan, III
They generally do not have to read Miranda rights when they arrest someone for DUI. The officer has to read something called the implied consent warning. This warning tells the person that he can refuse the breath test and that he has a right to an independent test if he takes the breath test. Almost everyone fails the field sobriety tests. You are being graded on things you don't even know about. It is still quite possible to win a DUI case where the defendant failed field sobriety.
Answer Applies to: Georgia