A Macon woman was recently charged with driving under the influence (DUI), hit and run and aggravated assault after she drove her car into two men and another vehicle. Police found her at her house with a blood alcohol level of 0.185. The legal limit in Georgia is 0.08. According to the police report, while on the way to the Bibb County Jail, the woman admitted to officers that she had tried to run over the two men for making fun of her.

If you're arrested in Macon or elsewhere throughout Georgia, you should be advised by the police that, among other things, you have the right to remain silent. Specifically, you should be Mirandized, which means that you have been told that you have the following rights:

  • You have the right to remain silent. Anything you say can be used against you in court.
  • You have the right to an attorney. If you cannot afford an attorney, one may be appointed for you.

Your Macon criminal defense attorney can help you understand whether your Miranda rights were violated if you've been arrested and what that may mean for your case.

When Miranda Rights are Required in Georgia: Arrest Versus Detention

Generally, just talking with police and answering questions is not considered an arrest that requires advising the stopped person of his or her Miranda rights. The police may even detain you for a short period to ask questions, but that is also not considered an arrest requiring reading of the Miranda warnings. You do not, however, have to answer their questions. Even if you are not under arrest, you may choose to remain silent.

If the officer tells you you are under arrest or if the officer places you in handcuffs, you should be advised of your Miranda rights. If you are not, you should discuss that fact later with your Georgia criminal defense attorney. It may be possible to exclude or suppress evidence that was collected in violation of Miranda.

Source: Macon woman charged with DUI, hit and run