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New DWI Statutory Warning (DIC-24) – 2011

dic24After being arrested for DWI, a police officer will read the citizen accused their "Statutory Warnings" before asking them to submit to a breath test.

This form, the DIC-24, goes through the warnings to a person discussing potential license suspension for refusal, failure, and hearing requests.  It was originally created as a "dummy proof" form so that officers weren’t illegally coercing people into giving breath or blood samples.

The DIC-24 is often criticized by DWI attorneys as overly complicated, and in some cases, flat out deceiving.

I always thought it was deceiving that they tell you what happens if you provide a sample over .08, but doesn’t mention that if your sample is under .08 you get charged anyway.  It is also curious that the form has a line to sign if you refuse, but not if you want to submit.

The new DIC-24 adds language regarding search warrants for blood.  The new text reads:

If you refuse to submit to the taking of a specimen, the officer may apply for a warrant authorizing a specimen to be taken from you.

I like the addition of the language, because it explains some truth’s of what may happen.  However, I still think that someone giving a sample with the old, or the new form could easily be "coerced" to give a breath test in fear of the vampire police officer.

It is unclear so far, how this form will affect future DWIs.  We will be watching closely to see if officers reading the old forms could cause a breath or blood test to be inadmissible as a result of the incorrect warnings.

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