i am working on case where the defendant was detained for dwi. defendant did the stfs on scene. defendant was taken to jail where defendant refused the breath test. defendant was released to a family member after that. 3 days later without a warrant defendant was called by the arresting agency to come in to be booked for dwi. has anyone handled this of case before.

Is your question whether there is some problem because a warrantless arrest of the Defendant was not made at the time initial detention or investigation? I see no problem with executing the warrant issued later (assuming it is based on probable cause). The fact that no new information may have come to light after he was released raises some issue about the initial evaluation of the information, but should not impinge the validity of the subsequent arrest under warrant.

I guess the only argument that could be made is that the breath test refusal was "illegally obtained" in that the defendant was not "under arrest" at the time the DIC-24 was read to him. (However, there is something in the back of my mind which makes me think the argument won't fly. I think there might be a case that approved the reading of the DIC-24 at a hospital while the defendant was being treated and not formally under arrest at that time).