Ramirez, Miguel, PD-0751-15

Ramirez was convicted of driving while intoxicated (DWI) in Denton County; sentence included 120 days’ confinement suspended with 16 months’ community supervision and a $600 fine.
Officer observed odor of alcohol, traffic infraction, and that Ramirez held his car in drive; Ramirez exited the vehicle when asked.
The officer administered standardized field sobriety tests (SFSTs) in English; Ramirez, a Spanish speaker, allegedly understood incompletely.
Ramirez argued the arrest lacked probable cause due to a language barrier affecting SFST comprehension; he sought a 38.23(a) jury instruction.
The Second District affirmed, and Ramirez sought discretionary review, arguing the court applied the wrong standard for 38.23(a) instructions and that a factual dispute existed regarding language barriers.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the court apply the correct standard for 38.23(a) instruction?	Ramirez: improper standard applied; language barrier created factual dispute	State: no factual dispute; no evidence of language barrier	No reversible error; no factual dispute shown; 38.23 instruction not required

Akins v. State, 202 S.W.3d 879 (Tex. App.—Fort Worth 2006) (probable cause and arrest standards in warrantless arrests)
Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1985) (standard for Almanza harm review on 38.23 claims)
Madden v. State, 242 S.W.3d 504 (Tex. Crim. App. 2007) (Art. 38.23 instruction when evidence raises issue about evidence admissibility)
Renteria v. State, 206 S.W.3d 689 (Tex. Crim. App. 2006) (no factual dispute regarding how evidence obtained; limits 38.23 relief)
Givens v. State, 949 S.W.2d 449 (Tex. App.—Fort Worth 1997) (probable cause and arrest-related evidence considerations)