Implied Consent or Miranda Rights

Man being arrestedIf Arrested for DUI-DWI, you will be given your IMPLIED CONSENT Advisements, not your Miranda Advisements

Be aware that MOST DUI-DWI-OWI-OUI arrests do not include an officer giving you Miranda Rights advisements, because when the officer cuffs you, and/or says that you are under arrest for DUI, he or she is required to read an “implied consent advisement” instead. In some states, like Georgia, this advisement is written into the state’s statutes and one version must be read by the arresting officer precisely as written, and as soon as practical after your DUI arrest is made. All of the questioning that the officer needs to have before making an arrest has been completed at this point in the DUI investigation.

Does a Police Officer Have to Inform Me of the Implied Consent Requirement?

In most states, before a police officer can ask you for a blood, breath or urine sample based on your “implied consent” associated with your operating a vehicle on a public road, he or she must inform you of your implied consent rights. The timing of when this advisement must be given varies from state to state, but the timeliness may be strictly construed against the state if not given at the correct point in your DUI-DWI detention.

In most states, police officers must substantially comply with a precise reading of the statutory warning or advisement provisions in order for the implied consent penalties to be invoked. Warnings of the consequences of refusal typically must be clear and unequivocal.

  • The types of warnings or advisements that may be required under implied consent law include:
  • a warning of the consequences of refusing to be tested
  • a warning of the consequences of submitting to testing, and yielding a result that constitutes a “per se” offense
  • an advisement as to the alternate types of chemical tests to which the defendant may be asked to submit (i.e., breath test, blood test, urine test, etc.)
  • an advisement of the right to consult with a DUI attorney before deciding whether to submit to chemical testing (in a minority of states).

No state’s express consent advisement has all these warnings. Most have two or three.