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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

Does It Matter That The Officer Did Not Read Me My Rights?

Question: A few weeks ago I spent the day on Lake Lanier with my boat and Jet Ski. I had maybe 8 beers. I got into my truck and started to drive home and police pulled me over. They said I didn't maintain my lane. When the cop asked me how much I had to drink I told him I did have 8 beers. Can the police officer use my statement against me? Is that a violation of those Miranda rights that I have?

Answer: Yes, the law enforcement official, whether a police officer, sheriff's deputy or Georgia state trooper can certainly utilize your statement in his or her case against you. From your description of the circumstances of the incident it does not sound like your Miranda rights were implicated. If your statement was made after the officer effectuated an arrest, then Miranda might become a relevant issue. Police officers often ask a person who has been stopped for DUI if he or she has had anything to drink. This question is designed to elicit an admission of drinking.

Please call The Sherman Law Group at 678-215-4106 so that we can answer any questions you may have about a Georgia DUI charge.