Funes v. State
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In this criminal case in which Defendant was charged with various drunk driving offenses the Court of Appeals reversed the judgment of the trail court denying Defendant's motions in limine to exclude field sobriety tests and a breath test from the evidence, holding that, in giving advice of rights, law enforcement officers must use methods that reasonably convey the warnings and rights in the implied consent statute.
Police officers found Defendant asleep at the wheel of his truck and brought him to the station after he failed several field sobriety tests. An officer read in English an "Advice of Rights" form, commonly referred to as a DR-15 form, to Defendant, who spoke Spanish. Defendant signed the DR-15, agreeing to take a breath test, and failed the test. Defendant moved to exclude the tests, arguing that he did not understand the field sobriety test instructions or the advice of rights because he did not understand English. The trial court denied the motions, and Defendant was convicted. The Supreme Court reversed and remanded for a new trial at which the breath test evidence must be suppressed, holding that the officer in this case did not use methods that reasonably conveyed the warnings and rights in the implied consent statute.
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