State v. Kail

OPINION

ROSS, Judge.

This appeal requires us to decide whether the state must provide an interpreter to assist during the arrest of, and implied consent advisory discussion with, a suspected drunk driver who cannot hear and speak but who can read and write. After the state charged Kendall Lee Kail with driving while impaired, Kail moved to suppress evidence related to his arrest and to his consent to take a breath test, arguing that the officer’s failure to obtain a sign-language interpreter violated his statutory and constitutional rights. The district court granted the motion on statutory…