If you were arrested for DWI in New Jersey and English is not your first language, you may be wondering whether that affected the investigation.
Many people assume that once they are arrested and provide a breath sample over the legal limit, the case is over. It isn’t always that simple. Every DWI case depends on whether the police followed the law and whether the evidence is reliable.
A recent case handled by Warren Sutnick, a Certified Municipal Court Trial Attorney with decades of experience defending DWI cases throughout New Jersey, illustrates why the details of a police investigation can make a significant difference.
The facts below are based on a recent Bergen County case. Certain identifying details have been changed to protect the client’s privacy.
A First-Time DWI with Career-Changing Consequences
Our client was a 51-year-old commercial truck driver with a Commercial Driver’s License (CDL). He had never been arrested for DWI.
At approximately 2:00 a.m., he was driving on Route 80 in Bergen County when a New Jersey State Trooper stopped his vehicle for allegedly speeding and failing to maintain his lane.
According to the trooper, he smelled the odor of alcohol, observed that our client was fumbling while looking for his driver’s license, and believed his speech was slurred.
Our client primarily spoke Spanish and had difficulty communicating with the trooper in English.
Although the stop occurred while he was driving his personal vehicle, not a commercial truck, a DWI conviction would have resulted in a one-year suspension of his CDL. Losing his commercial license would almost certainly have cost him his job and affected his ability to support his family.
The Language Barrier Became the Central Issue
After asking our client to step out of the vehicle, the trooper began preparing to administer the Standardized Field Sobriety Tests.
Body-worn camera footage showed that our client was struggling to understand the officer’s instructions.
Recognizing the communication problem, the trooper returned to his patrol vehicle and attempted to locate a Spanish-speaking officer who could respond to the scene. No Spanish-speaking trooper was available.
Rather than using a certified interpreter or a translation application, the trooper asked our client to call his teenage son who was fluent in both English and Spanish.
The trooper’s body camera recorded our client holding his cellphone while the trooper spoke directly to the teenager, asking him to translate the instructions for the field sobriety tests.
Our client then performed the Horizontal Gaze Nystagmus (HGN) test followed by the Walk-and-Turn test. According to the trooper, our client failed the tests because he was unable to maintain his balance and follow the instructions.
He was arrested for DWI.
The Breath Test Was Not the End of the Case
At the New Jersey State Police barracks, our client submitted breath samples on the Alcotest 9510.
The reported Blood Alcohol Concentration (BAC) was 0.12%.
Many people assume that a breath test over the legal limit automatically guarantees a conviction.
That is not correct.
The breath test is only one part of a DWI prosecution. The State must also establish that the investigation leading to the arrest complied with constitutional and legal requirements.
Looking Beyond the Breath Test
After reviewing the discovery, Warren obtained and carefully analyzed both the body camera footage and the dash camera video.
Interestingly, although the dash camera existed, it did not capture either of the alleged moving violations that supposedly justified the traffic stop.
As a result, we challenged whether there was sufficient probable cause for the initial stop.
More importantly, the body camera highlighted a much larger issue.
The video clearly demonstrated that our client had difficulty understanding English throughout the roadside investigation. Despite recognizing that problem, the trooper relied on a teenage family member to translate standardized testing instructions instead of using a qualified interpreter or another reliable method.
Because there was no independent way to verify whether the instructions were translated accurately, or whether critical portions were omitted, misunderstood, or explained differently, we argued that the field sobriety tests could not be considered reliable evidence of impairment.
Field sobriety testing depends upon the driver’s ability to understand and follow precise instructions. If the instructions themselves cannot be verified, the reliability of the entire testing process becomes questionable.
The Resolution
After reviewing the evidence and the issues raised by the defense, the State ultimately agreed that the field sobriety tests were unreliable.
The parties negotiated a resolution.
The DWI charge was dismissed.
Our client instead pleaded guilty to a single careless driving violation, paid a fine, and avoided a DWI conviction.
Most importantly, he did not lose his Commercial Driver’s License and was able to continue working.
For him, the outcome preserved not only his driving privileges but also his livelihood.
What Can Other Drivers Learn From This Case?
This case does not mean that every DWI involving a language barrier will be dismissed.
Every case depends on its own facts, the available evidence, the officer’s actions, and the applicable law.
It does demonstrate an important principle: a DWI investigation must be conducted fairly, and communication matters. When officers recognize that a driver cannot understand critical instructions, the manner in which those instructions are conveyed may become an important legal issue.
It also shows why it is dangerous to assume that a breath test tells the entire story. An experienced DWI attorney will evaluate every aspect of the investigation, including the legality of the traffic stop, body camera footage, dash camera footage, field sobriety testing, and whether proper procedures were followed throughout the investigation.
Sometimes the strongest defense is not found in the breath test itself but in what happened long before the driver ever arrived at the police station.
If you have been charged with DWI in New Jersey, particularly if language barriers, field sobriety testing, or police procedures are involved, it is important to have your case reviewed by an attorney who regularly handles complex DWI matters and understands how seemingly small procedural issues can significantly affect the outcome.
Past results do not guarantee future outcomes. Every DWI case depends on its own facts, evidence, and applicable law.