NJ Supreme Court: Non-English Speaking DWI Suspects Must Know Rights

Drivers in New Jersey who don't speak English must be told about the consequences of refusing to take an alcohol breath test in a language they understand, according to a state Supreme Court ruling Monday.

Lt. Scott Buehler of the Montclair Police Department said he doesn't anticipate the ruling having much effect on the operations of the department in regards to DWI enforcement.

"While I do not have an exact number of Spanish-speaking offiers currently employed, I do know that we have several," he said. "In the event that none of these officers were available, I would believe that we would contact surrounding agencies to see if they have a Spanish-speaking officer on duty who could assist us."

The court ruling on Monday reversed a conviction for German Marquez, who was involved in a two-car accident in 2007. A Plainfield police officer had asked Marquez for his license in English and Marquez did nothing. When asked in Spanish, Marquez produced his license.

The officer then explained the conseequences of not taking a breath test in English. When Marquez shook his head, the officer thought he was refusing to cooperate. Marquez, from El Salvador, was charged with driving while intoxicated and refusing to take a breath test.

Marquez later said he only understands Spanish and that he took his driver's license exam in Spanish.

In a 4-3 decision, the court on Monday ruled that the officer had failed to properly inform Marquez of his rights, and about the fact that he would automatically lose his license if he refused the breath test.