Waters v. State, Henry County DUI, Miranda and DUI, (September 16, 2010). Jennifer Renee Waters was convicted of DUI after a bench trial before the DUI Court judge in Henry County. She was stopped after a be on the lookout call went out for the car driven by Defendant.
The Court of Appeals did not see the alleged traffic violation charged by Henry County Police and reversed that charge. Waters appealed alleged that she was in custody for purposes of her Miranda warnings and that her DUI field tests, implied consent and breath tests should be suppressed. The Court found that being forced to stand in front of a police cruiser for 25 minutes while waiting on a DUI Heat unit from Henry County was not a custodial arrest for purposes of Miranda meaning that a reasonable ordinary person would not consider that the be more than a temporary detention.
