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Dao v. State

Appellant Phong Xuan Dao was found guilty by a jury of the misdemeanor offense of driving while intoxicated, and the trial judge sentenced him to three days' confinement in the Harris County Jail, probated for 15 months. In a single issue, Dao contends the trial court erred by not including a requested jury instruction under Texas Code of Criminal Procedure Article 38.23 that would have informed the jury that it was to disregard evidence of Dao's field-sobriety tests if it found that such tests were conducted in an unconstitutional manner due to a language barrier between the officer and Dao. Dao does not cite any relevant authority to support his contention that a suspect's due-process rights under either the Texas or United States constitutions could be violated if field-sobriety tests are not performed in the suspect's first, or preferred, language, or that a violation of this right would require the exclusion of any evidence obtained from the field-sobriety tests. Additionally, this court is not aware of, and has not located, any such authority to support Dao's contention. Therefore, the trial court's judgment is affirmed. Houston's 14th Court of Appeals, No. 14-10-00369-CR, 04-14-2011

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