<P> The Fifth Amendment right to counsel, a component of the Miranda Rule, is different from the Sixth Amendment right to counsel . In the context of the law of confessions the Sixth Amendment right to counsel is defined by the Massiah Doctrine (Massiah v. United States, 377 U.S. 201 (1964)). </P> <P> Simply advising the suspect of their rights does not fully comply with the Miranda rule . The suspect must also voluntarily waive their Miranda rights before questioning can proceed . An express waiver is not necessary . However, most law enforcement agencies use written waiver forms . These include questions designed to establish that the suspect expressly waived their rights . Typical waiver questions are </P> <Ol> <Li> "Do you understand each of these rights?" and </Li> <Li> "Understanding each of these rights, do you now wish to speak to the police without a lawyer being present?" </Li> </Ol> <Li> "Do you understand each of these rights?" and </Li>

The miranda warning must be given to someone who is asked to do a sobriety test