Language Barrier For DUI Test Consent
USA Today posted an article by Laura Bruno where she explains, "When German Marquez was charged with driving while impaired, he was read a statement in English warning him of the penalties he faced if he did not submit to a breath test.
Marquez, who speaks Spanish but not English, says he did not understand and did not take the test.
In addition to a driving-while-impaired charge, he was charged with failure to take a breath test.
" Marquez's attorney, Michael Blacker took the case to the Supreme Court where he argued that suspects must be informed of the consequences of refusing to take a breath test in a language they understand.
Bruno's article explains that "In most states, drivers are deemed as having given implied consent to a breath test as a condition of being on the road and are reminded when stopped by police that refusing to do so can result in penalties as severe as those for impaired driving.
However, the American Civil Liberties Union of New Jersey says a lack of a translation policy holds non-English speakers to a "higher standard" of remembering what's in the driver's manual.
The ACLU, in a statement, likens it to the importance of translating Miranda rights and court proceedings, which the state's courts do provide.
" States fall into two categories on this issue.
Some states call for "reasonable" efforts to be made by police to have those facing prosecution understand the consequences of refusing the test.
Other states require the statement be read, not that drivers must understand it.
To encourage language communication, New Jersey has started providing police with a website where the statement is available in both audio and written form in the 10 foreign languages widely spoken in the state.
In New York, translators are on-call 24/7 to address any translation issues that may arise.
They also use cards with the warnings written in Spanish.
One state has a telephone language service available to interpret into other languages.
Hopefully these court rulings will lead other states to require translations.
Rapport International, a full-service language interpretation and translation company, can help states by providing telephone interpreters on-call 24/7 and by providing all the materials in a multitude of languages.
Rapport International, based in metro-west Boston, is a great source for all multi-lingual needs.
Rapport can provide language services done by experienced linguists in over 100 languages.
Marquez, who speaks Spanish but not English, says he did not understand and did not take the test.
In addition to a driving-while-impaired charge, he was charged with failure to take a breath test.
" Marquez's attorney, Michael Blacker took the case to the Supreme Court where he argued that suspects must be informed of the consequences of refusing to take a breath test in a language they understand.
Bruno's article explains that "In most states, drivers are deemed as having given implied consent to a breath test as a condition of being on the road and are reminded when stopped by police that refusing to do so can result in penalties as severe as those for impaired driving.
However, the American Civil Liberties Union of New Jersey says a lack of a translation policy holds non-English speakers to a "higher standard" of remembering what's in the driver's manual.
The ACLU, in a statement, likens it to the importance of translating Miranda rights and court proceedings, which the state's courts do provide.
" States fall into two categories on this issue.
Some states call for "reasonable" efforts to be made by police to have those facing prosecution understand the consequences of refusing the test.
Other states require the statement be read, not that drivers must understand it.
To encourage language communication, New Jersey has started providing police with a website where the statement is available in both audio and written form in the 10 foreign languages widely spoken in the state.
In New York, translators are on-call 24/7 to address any translation issues that may arise.
They also use cards with the warnings written in Spanish.
One state has a telephone language service available to interpret into other languages.
Hopefully these court rulings will lead other states to require translations.
Rapport International, a full-service language interpretation and translation company, can help states by providing telephone interpreters on-call 24/7 and by providing all the materials in a multitude of languages.
Rapport International, based in metro-west Boston, is a great source for all multi-lingual needs.
Rapport can provide language services done by experienced linguists in over 100 languages.
Source...