Georgia DUI Miranda Warning

When it comes to a DUI case or any criminal charge for that matter, nothing is more important than knowing your rights - your Miranda Rights! Arming yourself with knowledge is the most important part of your case. Our DUI defense attorneys at the Law Offices of Webb, Willis, and Kohn will find out if your rights were at any time violated and will fight for a win.

Did you know that there are three different categories for police and citizen encounters?

The First Tier Encounter is casual interaction between a citizen and the police. This is a voluntary encounter and no detention takes place. Since no detention takes place and you are free to walk away, this is not an arrest. The Second Tier Encounter involves only a brief investigative detention. While you cannot simply walk away, this is also not an arrest. The Third Tier Encounter is an arrest and involves custodial detention of a citizen by police.

In the state of Georgia, Miranda Rights are required when a person is arrested and before the person can be questioned. If you made statements to an officer's questions and he did not read you your Miranda Rights, your statements would not be admissible in a court of law.

Miranda Rights are not required in the state of Georgia in a First or Second Tier encounter. Remember that you are under no legal obligation to talk to the police during a First or Second Tier encounter.

Under Georgia law, Miranda Warnings are broader. Miranda Rights only apply to oral or written statements at the federal level. However, in Georgia, Miranda Rights apply not only to statements, but to certain "acts" also. For example, if someone is arrested for DUI, then asked to perform field sobriety evaluations without having their Miranda Rights read, the field evaluations would be inadmissible.