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Can a case be thrown out if my rights were not read to me when arrested for DUI?

Atlanta, GA |

I was arrested for DUI but my rights were not read to me when the officer arrested me. Does that affect my case? Can the charges or the arrest be thrown out?

Attorney Answers 6


  1. If you were not mirandized post arrest, certain statements could be excluded. However, this in and of itself will not result in a dismissal. If you are trying to get your case dismissed, contact a experienced DUI attorney to discuss how he or she can help you to challenge your case. Please contact my office for a free initial consultation and review of your case.


  2. The lack of a Miranda warning will not likely result in the case being thrown out because the Miranda warning has to do with the custodial statements made after you have been placed under arrest. For example, the field sobriety tests and other evidence that may have been gathered prior to you being arrested is considered to be in the investigative stage.

    You should consult with an attorney right away. The attorney can review the evidence in your case and identify possible defenses. They can also assist you by sending in the appeal of your license suspension if your arrest occurred recently.

    Don't delay in contacting an attorney directly.

    Jamie Hernan
    Hernan Law Firm
    Criminal Defense / DUI
    Telephone: (678) 275-4000
    Free initial consultations

    DISCLAIMER: This answer does not constitute legal advice and no attorney client relationsip has been, or will be, created until a valid engagement agreement is signed. No duty arises from this posting. Answers posted here are general and made with limited knowledge of the actual facts of your case. Always speak with an attorney licensed to practice law in your jurisdiction if you wish legal advice specific to your case.


  3. Miranda rights rarely come into play during DUI stops and investigations. That being said, an experienced DUI lawyer will look at every possible defense to the charges you face. In DUI cases, there are numerous avenues of defense. Contact me at 404-985-9772 for a free consultation. No matter what, make sure you are aware of the ten day letter that needs to be submitted in order to preserve your driving privileges right now.


  4. Miranda rights are only required to be read to you if the state wants to question you and use your statements in court. If they don't read these rights, the effect is that most if what you say is Inadmissible. Therefore, if they don't interrogate you, there is no need to read you your rights. They do have to read implied consent rights on DUI cases, which informs you that you have the right to demand independent blood, breath, or urine testing. The officer will always say that he read these, and the only way to prove otherwise is if the entire encounter was recorded and the tape proves they did not, which is rare. This does not mean that a qualified DUI attorney could not find another basis the beat the charges, so give one a call.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


  5. Miranda Rights are generally not required to be read in Georgia when a person is arrested for DUI. Miranda rights are required to be read after the person is placed in custody "arrested" and the State wants to use the statements in court. I have had Miranda Rights come into question when multiple officers are involved in the DUI investigation. The specific facts of your case will come into play if there is a Miranda violation. Usually, the most important "rights" involved with a DUI arrest is the accurate and complete reading of the Georgia Implied Consent rights. Please understand that DUI defense is a very complicated area of the law and your defense is based on the specific facts involved in Your case. I would advise you to contact the most experienced and qualified DUI Defense Attorney that is available to you in your area. Trying to "go it alone" and defend yourself is NOT a good idea. I hope this information has been helpful! George McCranie

    The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.


  6. I have some bad news and some GREAT news for you.

    Bad news first: your case probably won't simply be thrown out.

    Now for the GREAT news: depending on what rights you're talking about, evidence about your performance on field tests - or maybe even the breath or blood test (or evidence of your refusal to take one) could be kept out of evidence. You need a skilled DUI defense lawyer to help you make this happen! If the test is kicked out, your chances of getting a dismissal on the DUI charges goes way, way up! Don't hire some schmuck plea lawyer, get a lawyer who knows what he or she is doing ASAP. You won't regret it.

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