NorthJersey.com: N.J. top court rules police must explain DWI test laws in native language: "TRENTON — Police in New Jersey must explain the state's implied consent law to motorists in a language that they understand, the state Supreme Court ruled on Monday.
In a 4-3 decision, the court overturned a conviction for refusing to take an alcohol breath test because the man, who spoke only Spanish, did not understand the consequences.
The court found that a Plainfield police officer failed to inform German Marquez, who is from El Salvador, in Spanish that he would automatically lose his driver's license for seven months if he refused the test.
Police had responded to a two-car accident in 2007. The officer initially asked in English for Marquez to show his license. When the officer repeated the request in Spanish, Marquez complied.
After reading Marquez a statement in English explaining the consequences of refusing the breath test, Marquez shook his head and pointed to his eye, which the officer considered uncooperative. As a result, he was charged with driving while intoxicated and refusing to take a breath test.
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