State of New Jersey v. Marquez: Important Implied Consent Law Decision Issued July 12, 2010

DWI laws, implied consent laws. The New Jersey Supreme Court was faced with the question of first impression as to whether, under their state's "implied consent law", the law requires a police officer to inform drivers of the consequences of refusing to consent to a breath test in a language that the driver speaks or understands. In State v. German Marquez, a non-English speaking driver was arrested for DWI and read a complex, eleven paragraph statement in English that described the myriad legal consequences of his decision whether to take a breath test or to decline one. On July 12, 2010, the Court vacated the portion of Marquez' sentence that was based on his declination of the breath test, ruling that the plain meaning of the statutory requirement that a driver be informed of his rights and potential consequences under the implied consent law requires that the advisories must be given in a language that the driver speaks or understands.

Know your rights and exercise them.
Mark Stevens
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