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

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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 10 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 10 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.


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