Ga Police Officer charged my son withDUI/Drugs during a roadblock.

Asked almost 5 years ago - Rossville, GA

Ga Police Officer charged my son withDUI/Drugs during a roadblock. My son was not drinking or under the influence but he arrested without reading him Miranda rights. No teasts were performed at the scene as far as field test sobriety or breathilizer. They gave him a blood test in Jail 3 hours after he got there. When they searched his car, they found absolutely nothing. Wasn't he supposed to have been read Miranda rights?

Attorney answers (2)

  1. Jeremiah Kent Jarmin

    Contributor Level 12

    Answered . The answer to your question requires a detailed examination of the case. Many technical legal issues may be present with regard to the legality of the roadblock, whether there was probable cause for his arrest, and whether he was properly read the implied consent card before submitting to any blood, breathe, or urine analysis.

    Any statements he made post arrest may be subject to suppression via Miranda, however, that depends on analyzing how the statements were made. Furthermore, in GA, Miranda does not affect consenting to a blood, breathe, or urine test.

    You really should hire a DUI attorney that is well versed in these types of cases.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Our Fifth Amendment to the United States Constitution guarantees to all people the privilege to be free from compulsory self-incrimination.

    Since 1966, Miranda v. Arizona has served as the touchstone for the exploration of the scope of that privilege during a period of custodial interrogation.

    Anything your son said once in custody may be subject to being suppressed.

    Miranda Rights

    The Court in Miranda created right to counsel procedural safeguards to adequately ensure that the accused know their rights and that the police honor them. The Miranda Court recognized that "[a]n individual swept from ... familiar surroundings into police custody, surrounded by antagonistic forces, and subjected to ... techniques of persuasion ... cannot be otherwise than under compulsion to speak."

    Online we cannot know what the other details are going on in your case because online we cannot find out those details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details. Failure to read his Miranda warnings means that anything he said while in custody may not be used against him as a matter of constitutional law.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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