Miranda Rights

Another exception is the confusion over conflicting legal rights associated with Miranda rights and the implied consent statute. The Miranda advertisement notifies defendants of their constitutional rights, most notably, the right to an attorney and the right against self-incrimination; on the other hand, the implied consent statute constitutes a waive of these rights. For example, few motorists know there is no constitutional right to have an attorney present when a breath test is administered. Thus, defense counsel could argue that the officer has a legal obligation to inform the motorist about this limited right.
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