226 (Tex.App.-Dallas 2004, no pet.) (finding substantial compliance with article 38.22 where orally administered warnings added to beginning “if I am unable to hire a lawyer” instead of “if [I] am unable to employ a lawyer”); Gonzalez v. State, 967 S.W.2d 457, 459 (Tex.App.-Fort Worth 1998, no pet.) (finding substantial compliance where Spanish translation of statutory DUI warning substituted for “that refusal [to give a specimen] may be admissible in a subsequent prosecution,” in Tex.Rev.Civ. Stat. Ann. art. 67011-5 § 2(b) (Vernon 1977), the words “tál acción puede usarse en su contra en el futuro,” which the parties translated as “[i]f you refuse the analysis that action can be used against you in the future”); Williams v. State, 883 S.W.2d 317, 320 (Tex.App.-Dallas, 1994, pet.ref d) (<HOLDING>). We find that the case closest to the instant
holding that the government cannot use postarrest silence against a defendant because miranda warnings give implicit assurances that silence will not be used against a person and accordingly it would be fundamentally unfair and a violation of due process to allow a defendants silence to be used to impeach him at trial holding state did not impermissibly comment on defendants right to remain silent when it crossexamined him on the inconsistency of his testimony with the prior statement he made to the arresting officer after being given the miranda warnings holding that phrase i know i have the right to remain silent together with phrase and knowing that anything i say may be used against me substantially complied with article 3822 warnings even though warnings failed to advise accused that his statement could be used against him at his trial or in court because it advised him his statement could be used against him in any type of context not just those mentioned in article 3822 subsection 2a1 and 2 recognizing a public safety exception to the requirement that miranda warnings be given in order to use a suspects statement as evidence against him at trial holding that prior to engaging in custodial interrogation police must warn a suspect that he has a right to remain silent that any statement he does make may be used as evidence against him and that he has a right to the presence of an attorney either retained or appointed