Paul Brent Dumas v. State Texas

Paul Brent Dumas appeals his conviction for driving while intoxicated (DWI). After a jury trial, the court assessed punishment at ten days confinement in the Dallas County jail and a fine of $1,500. In seven points of error, Dumas contends that the trial court erred when it (1) denied his motion to suppress, (2) admitted the audio portion of the video tape during which the police advised him of his rights and asked whether he wanted to waive his rights, (3) overruled his objection to allegedly improper prosecutorial argument, and (4) denied his motion for mistrial. Dumas further contends that the evidence is insufficient to support the conviction. Because the admission of the audio portion of the videotape penalized Dumas for exercising his state and federally guaranteed privilege against self-incrimination, we reverse and remand this cause for a new trial.