DUI & Miranda Rights in Georgia One issue that will almost inevitably arise in a hard fought DUI case centers on the arresting officer’s failure to read the driver his Miranda rights. Most people mistaken believe that if a defendant was not read his Miranda rights the case will automatically be dismissed; however, it is not that simple. Miranda rights, from the landmark Supreme Court case Miranda v. Arizona, protect defendants from self incriminating statements made during a

In my criminal defense practice the question I am asked the most often is “what should I do if I am stopped for DUI?” There is no simple answer to this question; not even, “just don’t drink and drive.” I have spoken with and represented individuals who were stopped or even arrested for DUI when their blood alcohol level was 0.0% (of course, the officer was unaware of the 0.0% alcohol level until the test results came back from the State). However, I do have a list of general

A PBT or portable breath test is a type of field sobriety test used to investigate DUI. A PBT is much more susceptible to false positives, residual mouth alcohol, and less reliable than a State Administerd Breath Test. The NHTSA (National Highway Traffic Safety Administration) recommends that a PBT be used only after the officer has had the driver in his view for a minimum of 15 minutes and then only to confirm the findings of other field sobriety tests. In fact, the results