WHat is the effect of the trooper choosing not to read the full DIC 24? In listening to the videos this morning, one trooper is reading up to the "under 21" section, then saying "because you are over 21, I'm skipping that part. If you refuse..."

Lisa L. Peterson
Nolan County Attorney

Try arguing that the omission could not affected the defendant's decision to give a specimen because the penalties applicable to minors didn't apply to him since he is over 21. We used to get that occasionally, not to mention the "I didn't give the defendant a copy until afterwards," etc. There is some case law on that issue. One of our ALR attorneys actually had a defendant argue that he was confused because the DIC-24 included language that didn't apply to him since he was under 21!

Also, who is this Trooper's sergeant? I will drop him or her an email suggesting the sergeant remind his Troopers to read the entire DIC-24 verbatim, no ommissions. Just shoot me an email.

Janette A

I used to do this. Never had a problem. What's the possible harm?

If you arrest a 45-year-old guy for DWI, what point is there in reading a totally inapplicable paragraph to him? If anything it makes the form more confusing and makes your officer seem like a robot. It's not the same scenario as the officer putting a spin on the language, or "helping" the defendant decide what to do.

I think that the argument will be that the trooper made the choice to edit a document which the legislature indicated was to be read in full to the suspect.

If nothing else, since the audio is normally still running, I have had some pretty good indicia of intoxication from the inability to understand which arise from the reading of the whole page - especially when the suspect is an educated person.

Lisa L. Peterson
Nolan County Attorney

Did the Defendant consent to the breath or blood test? Since it provides consequences for refusal, the DIC 24 form is only relevant in a refusal case.

Another attorney with our office pulled the case law. 221 S.W.2d 797.