N.J Supreme Court creates constitutional right for D.U.I. tests in native language.

First in nation ruling where translation is remedy.

The New Jersey Supreme Court this week created the first ever constitutional right to receive D.U.I. testing in the native tongue of the accused as it overturned the conviction of a man who refused to take a blood-alcohol test because he did not understand the warnings in English.

As noted by the New Jersey Attorney General’s office, “This ruling effectively provides an immunity claim in a prosecution for violating the refusal statute for any drunk driver who speaks a language that the officer is unable to indentify or translate.” With national implications, this ruling goes beyond D.U.I. testing and could begin the process of burdening police officers with the responsibility of interacting with the public in whichever language a person chooses.

“Placing the burden on already cash-strapped police departments to interact with suspects in their native language is a ridiculous requirement in a state where over 150 languages are spoken,” said Mauro E. Mujica, Chairman of U.S. English, Inc. “By requiring language translations for any encounter with an individual who does not speak English, New Jersey is literally issuing a “Get out of Jail Free” card for those who don’t speak the operating language of our roads- English.”

This first-in-the-nation ruling could logically be applied to any interactions between the police and the public, creating costly translation mandates and requiring that police officers be able to interact with suspects in their native language. New Jersey currently requires driver’s license exams to be provided in nine languages other than English. Police officers are provided access to a website to obtain official written and audio statements in those languages in case of interacting with a person who does not speak English.   

“Common sense would dictate that a moderate understanding of English is a necessity to be a safe driver,” added Mujica. “It ensures you understand not only the rules and street signs, but also the consequences of breaking the law. We have always supported reasonable efforts by police to help those with limited English proficiency, but this court mandate takes this flexibility and imposes a new right that we all know does not exist.”

The high cost of providing licensing services in foreign languages combined with safety concerns of motorists who are unable to understand English has led many states to reduce the amount of languages they provide licensing tests in. Currently eight states limit driver’s license exams to English with thirteen states offering the exams in one other language. A recent study by U.S. English shows the national trend towards providing the test in fewer languages. Find out more here.