Miranda warnings and Atlanta DUI stops

The Georgia Court of Appeals recently reiterated that an individual must be advised of his Miranda rights, including his right against self-incrimination, only after being taken into custody or otherwise deprived of his freedom of action in any significant way. Alco-sensor and other field sobriety tests given to a person under custodial arrest are inadmissible where administration of the tests has not been preceded by a Miranda warning.

Field tests help with the arrest decision

What does this mean for you? Under normal circumstances, police officers will only read the Miranda warning after you have been arrested (the Miranda warning is something with which we are all familiar with thanks to Dragnet and more modern police procedural shows: “You have the right to remain silent…..”).  In a DUI stop, the police usually will ask you to perform field tests before they arrest you (field tests help them make a decision to arrest you).  This means, before they have read the Miranda Warning.   So remember, you do not have to perform field tests just because you are asked.  But if you do, since you are not under arrest when you perform the field test, the results are going to be admissible as evidence against you in court.

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