Frisco CIty Jail Now Has DIC 24 Warnings in Spanish for DWI Suspects following Motion to Suppress Hearing by Bo Kalabus

By Bo Kalabus
Office: 972-562-7549
24 Hour Jail Release 214-402-4364

I had a predominately Spanish-speaking client that was arrested for DWI. The arresting officer and my client had difficulty communicating as was evident during the instructional portions of the field sobriety tests. The officer even attempted to talk to my client in slang Spanish several times. Following the field sobriety tests, my client was arrested and transported to the Frisco City jail.

After arrival at the jail, my client was taken to the intoxilyzer room–it’s call this room because……that’s where the intoxilyzer machine, or breath test machine is located. Prior to a breath test being administered, a person must be read the DIC 24. The DIC 24 is a document that is more commonly known as the statutory warning. It is a script that Texas police officers are required to read to Driving While Intoxicated suspects prior to requesting a breath or blood sample. Essentially, it informs the suspect of their statutory rights, and the consequences of refusing to submit to the request for breath or blood.

In my client’s case, the DIC 24 was read to my client in English only. However, my client was read his Miranda warnings (the right to remain silent) in Spanish. Following the warnings, my client consented to a breath test, which he failed.

After I reviewed the video of what happened in the intoxilyzer room, I realized that my client may not have understood his rights under the DIC 24, specifically that he had a right to refuse to take the breath test that he had taken. I brought on a translator that went over the DIC 24 with my client in detail and confirmed what I thought–my client did not understand that he could have refused to take the breath test.

Armed with that information and further case development, I filed a motion to suppress the breath test (have it thrown out) because the officer had made my client submit to the breath test without his consent because of the lack of understanding due to the language barrier. At the hearing on the motion in court the arresting officer testified that there was not a Spanish version of the DIC 24 at the Frisco City Jail at the time of my client’s arrest or at the time of the hearing. About a week after the hearing, I got an email from that same arresting officer informing me that the Frisco intoxilyzer room now has a Spanish version of the DIC 24. Go figure–it’s interesting to be a part of progress I guess.


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