How Language Barriers Can Lead To Misinterpretations During Field Sobriety Tests

In this article, you can discover…

• Whether offices are able to conduct DUI stops in multiple languages.
• The role of a language barrier in your DUI defense.
• How an attorney can assist you if communication issues impacted your DUI arrest.

Are Officers Trained To Handle DUI Stops In Multiple Languages?

Officers are not specifically trained to handle DUI stops or administer sobriety tests in multiple languages. Over the years, I have represented many clients who do not speak English.

What is increasingly common, especially as technology improves, is clients who do not speak English using Google Translate or similar apps to communicate with officers during a stop. However, if you speak a rare language or dialect not supported by a translation app, clear communication will be more difficult, if not impossible.

An officer can not claim that you refused or failed a field sobriety test if you genuinely did not understand the instructions due to a language barrier. Officers are required to make sure that you can understand them before they put you through a field sobriety test, and if they fail to do this, that can be a valid avenue for defense.

What Rights Do Non-English Speakers Have During A DUI Stop?

If you do not speak English, you have the right to be communicated with in your own language. Many clients today use a translation app, such as Google Translate, or similar AI software to communicate with officers.

However, even the best translation apps are not certified human translators. Instructions or legal terms during a DUI stop may be lost in translation, and it could be argued, legally, that you did not fully understand the officer’s instructions.
In some situations, an officer may feel that you were communicating quite well at the beginning of your stop, and may assume that your

English skills are stronger than they actually are. They may then admonish or instruct you in English, resulting in much of what they say to you not being understood.

Officers in California will still work hard to secure a translator, and some may delay an arrest while a human translator is located and connected to you. If officers take too long to find a translator and you are detained for an unreasonable period, this can sometimes be used as a defense.

How Can Attorneys Document And Defend These Miscommunications?

Attorneys are critical for non-English speakers facing DUI charges, and you will have a much better chance at seeing your charges reduced or dropped with experienced representation. An attorney will request discovery and obtain audio and video recordings of your stop and arrest. If the evidence shows that an officer did not follow the proper procedures or your rights were violated, these can be brought up in your defense.

Without the help of an attorney, you won’t know what to ask for or how to ensure evidence in your defense is preserved. Get an experienced. DUI lawyer to handle your case. Not a family lawyer or a general practice attorney, but an attorney who handles DUI cases.

Ideally, make sure your lawyer is local. Whether it’s San Francisco, Marin County, Napa, Sonoma, the East Bay, San Mateo, Santa Clara, or Alameda County, a local attorney will know what to look for, the types of defense that work, and the ones that don’t.

Still Have Questions? Ready To Get Started?

For more information on language barriers during DUI tests, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling San Rafael (415) 520-7182 | San Francisco (415) 520-6815 today.