No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Of more consequence in most cases is the failure to advise you of the state's "implied consent" law - that is, your legal obligation to take a chemical test and the results if you refuse. This can effect the suspension of your license.

Georgia law does not require the police to give a Miranda warning to a DUI suspect during the officer's initial investigation of the crime. Miranda warnings are only required if the officer interrogates a suspect after the arrest. Put simply, any incriminating statements that you make to police in response to questioning after you're placed in custody and without the benefit of a Miranda warning, are not admissible in court.

The officer is supposed to give a Fifth Amendment Miranda Warning after he arrests you. Sometimes, however, they do not. If they fail to give you a Miranda Warning, the consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Agreed, it is completely unfair.

In the context of a drunk driving arrest, there are really two sets of rights that should be read to a suspect by the police; the Miranda rights and the chemical test rights. The Miranda rights are the rights that most of us are familiar with, and address your right to speak with an attorney before questioning. A reading of the Miranda rights will include an affirmative statement by the police that what you say can be used against you in Court.

The most reliable way to find a lawyer with a good reputation is to ask other lawyers who practice criminal law for a recommendation. Friends or family might also be a good referral source. Another option is to ask the people at the Court who they might recommend.

There are advantages and disadvantages to hiring "local" counsel. The advantage of course is that presumably the local lawyer will know his or her "way around the courthouse" better than an "out-county" lawyer. Such familiarity will help you feel at ease because you'll see (hopefully) the court staff responding positively to your attorney. It will also help you feel at ease when the judge greets your lawyer warmly by name.

No. However, the state might be prevented from using any evidence collected after the failure to read you your "Miranda Warnings". It is important that you hire a good attorney that is knowledgeable about this area of the law.