A common question I hear is: Can I have a lawyer after a DUI arrest? In Georgia, the simple answer is: NO. You are not entitled to speak with or consult with an attorney during or after a DUI arrest. This is harsh, considering you will have to make a very important legal decision about Georgia Implied Consent law.
Can I have a Lawyer Before I Blow?
After you are placed under arrest for DUI, the cop will read you implied consent rights. This notice essentially says you MUST take a breath or blood test under the law, but MAY refuse to take the test. Whether you take or refuse the test, it is admissible in any trial or proceeding, and may be used to suspend your license. With such important rights hanging in the balance, you would think speaking with your attorney is allowed, but unfortunately it is not.
Should the Cop have Read Miranda??
Another area that confuses clients is Miranda warnings. Almost every potential client mentions that they were not read their Miranda rights during or after the DUI investigation. Again, Georgia DUI laws do not require Miranda to be read unless you are in custody and the cop is asking you questions pertaining to your DUI. While it does happen, it is not all that common. Typically, the cop will ask and get all the answers he needs before he ever puts the cuffs on you. These rather extended interrogations outside of your car are held to be fine under the law, as long as the cop has not expressed to you that you are under arrest. Of course, you are not free to leave either, so the law offers really very little protection. One thing you can do? Refuse to answer any and all questions. Every once and awhile, I have clients who say they will not answer any questions, or invoke their 5th Amendment right as soon as they are approached. While the 5th doesn’t exactly apply in this situation, it does the job; just don’t answer any questions and remain silent.
Consult with A DUI Attorney About Miranda and Implied Consent
If you have been arrested for DUI and have concerns about the way your arrest was handled and whether the cop overstepped his boundaries, give me a call today. I will be happy to discuss your case with you and cover implied consent, Miranda, and similar rights that could apply to your DUI.