State v. Cabanilla

Defendant in this criminal case is a native Spanish speaker whose command of the English language is weak. A witness observed defendant’s vehicle leave the road at a high rate of speed, roll over, and come to rest in an onion field. The police officer responding to the event arrested defendant for driving under the influence of intoxicants. The issue presented in the case is whether, for purposes of the implied consent laws, the police officer “informed” defendant of the consequences of refusing to take a breath test when the officer explained those consequences to defendant in English. The…