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Case Where a Breath Test Refusal Was Thrown Out at Trial
Before a trained breath test operator tried to conduct a Breath Alcohol Concentration (BAC) test, they read the Miranda warnings to a driver who had been stopped for a DUI. The defendant driver, now-under-arrest, invoked their right to remain silent. No one explained to the driver that right to remain silent is normally irrelevant to submitting to a breath test. The Court granted the Defendant’s Motion to Suppress at trial under the "Confusion Doctrine." Read more in #DUI the People's Guide to Fighting like an Expert in the section titled "Driver’s Miranda Rights?"