Driving While Intoxicated Case Law Update - Texas District ...

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3. NO RIGHT TO COUNSEL PRIOR TO DECIDING WHETHER
TO GIVE. SAMPLE
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BREATH AMPULES NEED NOT BE PRESERVED . . .
DIC-23 & DIC-24 WARNINGS
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1. REQUIREMENT THEY BE GIVEN IN WRITING RELATES ONLY
TO ADMISSIBILITY OF REFUSALS
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2. FAILURE TO GIVE WARNINGS IN WRITING NOT
NECESSARILY FATAL
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3. WRITTEN WARNINGS NEED NOT BE PROVIDED PRIOR
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TO REFUSAL ....
THAT ARREST PRECEDE READING OF DIC-24 = FLEXIBLE
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5. DIC-24 NOTICE IN WRITING REQUIREMENT SATISFIED BY
MAKING WRITTEN COPY "AVAILABLE
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6. OFFICER WHO READS DIC-24 & REQUESTS SAMPLE NEED
NOT BE ARRESTING OFFICER
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7. CIVILIAN READING WARNINGS NOT NECESSARILY BASIS FOR
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EXCLUSION
DIC-24 - WORDING .10 OR GREATER - IS CORRECT - THOUGH
IT'S NOT TIED TO DRIVING
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9.
10.
ERROR IN SPANISH LANGUAGE VERSION OF THE
WARNING DID NOT MAKE DEFENDANT'S CONSENT INVALID
COMMERCIAL DRIVER'S LICENSE WARNINGS
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(a) NEED To BE GIVEN
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(b) DON'T NEED TO BE G|VEN
DIC 23 & DIC 24 DOCUMENTS ARE NOT HEARSAY
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FAILURE TO READ'UNDER 21" PORTION OF DIC 24
NOT PRECLUDE ADMISSION OF BT
URINE SAMPLE
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(a) MAYBE REQUESTED. . . .
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(b) rs ADMTSSTBLE wrTHour EXPLAINING RIGHT TO REFUSE 73
NOT NECESSARY TO SHOW 210 LITERS OF BREATH
BREATH TEST NOT COERCED .
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1. EXTMWARNING REFERRED TO CONSEQUENCES OF
PASSING NOT REFUSING .
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2. NO EVIDENCE THAT ADDITIONAL WARNING ACTUALLY
COERCED DEFENDANT ..........
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3.
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NO EVIDENCE THAT DEFENDANT RELIED UPON EXTRA WARNING . . . .
DEFENDANT GAVE SAMPLE, CONSEQUENCES UNDERSTATED . . . . . . .
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5. AT MTS IT IS THE DEFENDANT'S BURDEN TO SHOW CONSENT
TO GIVE BT WAS NOT VOLUNTARY
6. INSUFFICIENT EVIDENCE OF CAUSAL CONNECTION BETWEEN
OFFICER STATEMENT AND CONSENT
BREATH TEST FOUND TO BE COERCED
BREATH TEST REFUSAL EVIDENCE
L AS EVIDENCE OF GUILT
2. NO VIOLATION OF sTH AMENDMENT
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3. REASON FOR REFUSAL AND CONDITION OF INSTRUMENT
IRRELEVANT ....
4. REFUSAL BASED ON INTOXICATION IS STILL A "REFUSAL" . . . .
5. INTOXICATION MAY BE PRESUMED FROM BTR . .
6. FAILURE TO FOLLOW BREATH TEST INSTRUCTIONS = REFUSAL . . . . .
LATE BREATH TEST - CAN BE SUFFICIENT .
1. LATE TEST NOT CONCLUSIVE BUT IS PROBATIVE
AFTER 1 HOUR & 20 MINUTES
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