Find the Best DUI & DWI Lawyers Nationwide - TeamDUI.com

FREE DUI & DWI Attorney Consultation - 24 hours a day - 365 days a year. Call 1-844-TEAM-DUI or search online here one for your State to get out of a DUI.

  • Home
  • DUI Defense Lawyer
    • Find The Best DUI Trial Lawyer
    • Do I Need a DUI Lawyer?
    • DUI Legal Defenses and Lawful Arrest
      • Legal Traffic Stop without the Degree of Probable Cause
        • DUI Illegal Stops
      • DUI Probable Cause
      • Possess an Articulable Suspicion during Traffic Stop
      • DUI Police Search
      • Warrantless Arrest
      • Speedy Trial Denial
      • Fight DUI Additional Charges
    • Implied Consent
      • DUI Implied Consent Test
      • Implied Consent/Miranda Rights
      • Not Answering Implied Consent & Consequences
      • DUI Refusal Implied Consent Test: Loss of Driving Privileges
    • Elements Of A DUI
      • DUI Roadblocks
      • DUI Required Degree of Impairment
      • Probable Cause for the Stop
      • What Is “Operating A Vehicle?”
  • DUI Breath Test
    • Breathalyzer Defenses
    • Field Sobriety Tests
      • Probable Cause and Field Sobriety Tests
      • Roadside Agility Tests and Eye Test
    • Breathalyzer Machine
    • Georgia Intoxilizer 5000
    • Portable Breath Tests
  • DUI Blood Testing
    • Blood Test
      • Blood Alcohol Content
        • Alcohol Content Common Drinks
        • BAC – Widmark’s Formula
    • Refusal to Test
    • DUI Drugs
  • Urine Test
    • Pooled Urine and BAC
    • Variability of UAC to BAC Ratio
  • Court Info
    • Making Bail after DUI and DUI Bail Options
      • DUI Bail Terms
    • Investigating A DUI-DWI Case
      • DUI Defense Options
      • Police Reports
      • Field Evidence
    • Preliminary Hearings
    • DUI Pretrial Motions
    • DUI Plea Bargains
      • Plea Bargaining and Sentencing
    • DUI Trial Lawyer Explains DUI Trial Process
      • A DUI Jury Trial Can Be Advantageous
      • DUI Expert Witnesses
    • Not Knowing Your Legal Rights puts You at Risk
    • Remain Silent – Protect Your Legal Rights
    • How to WIN or Reduce a DUI Case
    • I was arrested for DUI in Georgia. I have heard about attending DUI School. Do I need to go ahead and attend this?
    • Marietta Municipal Court
  • DUI Laws
    • Aggravated DUI
    • DUI First Offense
    • DWI vs DUI: DWI Lawyer, DUI Attorney-What’s the Difference?
    • Georgia DUI Laws Statewide Coverage by Lawyers Near Me
  • DUI Penalties
    • What are the consequences of a DUI?
      • How will a DUI conviction affect my future – DUI Defense Lawyer?
      • Can I be charged with DUI just for driving after taking my prescription medicines?
    • DUI Cost
    • Third DUI Penalties
    • Driver’s License Issues
      • If I get a DUI and lose my license, can I get a work permit?
    • Administrative License Suspension for GA DUI
    • DUI Ignition Interlock Device
    • DUI Hardship License
    • Is a DUI a felony or a misdemeanor?
  • Our DUI Attorneys
    • Find The Best DUI Trial Lawyer
    • DUI Lawyer Fees
  • DUI News
  • State DUI Laws & Penalties
    • Delaware DUI Laws & Penalties
    • Idaho DUI Laws & Penalties
    • Kentucky DUI Laws & Penalties
    • Louisiana DUI Laws & Penalties
    • Maryland DUI Laws & Penalties
    • Missouri DUI Laws & Penalties
    • Pennsylvania DUI Laws & Penalties
    • New York DUI Laws & Penalties
    • Nevada DUI Laws & Penalties
    • New Hampshire DUI Laws & Penalties
    • New Mexico DUI Laws & Penalties
    • California DUI Laws & Penalties
    • Alabama DUI Laws & Penalties
    • Maine DUI Laws & Penalties
    • Arizona DUI Laws & Penalties
    • Utah DUI Laws & Penalties
    • Texas DUI Laws & Penalties
    • Oklahoma DUI Laws & Penalties
    • Indiana DUI Laws & Penalties
    • Hawaii DUI Laws & Penalties
    • Wisconsin DUI Laws & Penalties
    • Minnesota DUI Laws & Penalties
    • Wyoming DUI Laws & Penalties
    • Michigan DUI Laws & Penalties
    • Illinois DUI Laws & Penalties
    • Vermont DUI Laws & Penalties
    • Kansas DUI Laws & Penalties
    • New Jersey DUI Laws & Penalties
    • Washington DUI Laws & Penalties
    • Tennessee DUI Laws & Penalties
    • Florida DUI Laws & Penalties
    • Massachusetts DUI Laws & Penalties
    • Connecticut DUI Laws & Penalties
    • Virginia DUI Laws & Penalties
    • Mississippi DUI Laws & Penalties

Man being arrested

Miranda Rights or Implied Consent

If 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
  • 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.)
  • 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.

 

TeamDUI.com is here to help. This law firm directory not only provides information about local drunk driving laws, but we can also help you find the best DUI attorneys at law near you. Find a DUI lawyer near you that knows the law, and knows the DUI prosecuting attorney and judge. Find a DUI trial lawyer online now.

Copyright © 2025 · TeamDUI.com ·