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

Hall v. State, 649 S.W.2d 627 (Tex.Crim.App. 1983).
Motorist's consent to breath test held not to be voluntary when officer said, "You're automatically
convicted of DWI and your license will be suspended if you refuse to give a breath sample."
K. BREATH TEST REFUSAL EVIDENCE
1. AS EVIDENCE OF GUILT
Mody v. State, 2 S.W.3d 652 (Tex.App.-Houston [14th Dist.] 1999, pet ref'd).
Finley v. State, 809 S.W.2d 909 (Tex.App.-Houston [14th Dist] 1991, pet. ref'd).
Jury can consider BIR as evidence of defendant's guilt.
2. NO VIOLATION OF sTH AMENDMENT
Gressett v. State, 669 S.W.2d748 (Tex.App.-Dallas 1983), aff d,723 S.W.2d 695 (Tex.Crim.App.
1986).
Evidence of a defendant's refusal to submit to blood alcohol test after lawful request by police
officer is admissible at trial when intoxication rs an I'ssue
Bass v. State ,723 S.W .2d 687 (Tex.Crim.App. 1986).
tn the context of an arrest for driving while intoxicated, a potice inquiry of whether the suspect wilt
take a blood fesf rs not an interrogation within the meaning of the Fifth Amendment.
SEE also Shepherd v. State, 915 S.W.2d 177 (Tex.App.-Fort Worth 1996, pet. ref'd).
3. REASON FOR REFUSAL AND CONDITION OF INSTRUMENT
IRRELEVANT
Mody v. State, 2 S.W.3d 652 (Tex.App.-Houston [14th Dist.] 1999, pet ref'd).
Moore v. State, 981 S.W.2d701(Tex.App.-Houston [1"tDist.] 1998, pet. ref'd).
Evidence of defendant's refusal to take a breath fesf was properly admifted, and State had no
preadmiftance burden to show that defendant was over .10 at the time of driving, why the
defendant refused, or that instrument was accurate.
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