The Miranda rights are information that is read to the Defendant when he is arrested and taken into custody. These rights are given to the Defendant so he knows that he does not have to answer questions which will later be used against him in a court of law. The Miranda rights do not attach when a driver is first stopped because the driver is not in custody or arrested at that time. Therefore, anything that is said to an officer at that time can be used against him. Later, if the driver is arrested and removed to the station house, the driver should be "Mirandized" because he is now in police custody. Once in custody, if the officer asks a question without providing the Defendant Miranda warnings, the response to the question, if incrimination may be able to be suppressed in court. A Defendant in custody will also be given/read his administrative rights to either take the breathalyzer test or to refuse. The penalty for a refusal is reviewed with the defendant and the defendant must determine what she wants to do. While it is not a legal requirement at this time, a defendant may ask to speak with counsel and sometimes an officer may allow that communication to facilitate the transaction. Typically on a first offense it is a better decision to take the breathalyzer test because the administrative penalty outweighs the probable criminal penalty. However for a subsequent offense, especially a third or more, a defendant may wish to consider declining the test because the criminal penalties may far out way the administrative penalty.