Police Must Explain DWI Refusal Law in Driver's Language
The conviction of a Spanish-speaking driver who refused a Breathalyzer test was overturned because police did not advise him of the consequences of his refusal in a language he could understand.
The New Jersey Supreme Court ruled this week in State v. Marquez that police must provide the warning in a language the driver can understand in order to satisfy the statutory requirement that police inform drivers of the penalties they face for refusal to submit to a test.
As a result of the ruling, the Attorney General's Office is reportedly preparing translations that police may use to administer the standard statement in various languages.
The statement that police are required to give is part of New Jersey's implied consent law and refusal law. The implied consent law deems all motorists to have consented to providing breath samples. The refusal law authorizes the state to revoke a motorist's license for refusing to submit to such a test.
