Is Language a Defense on a DUI Case?

A language barrier can be used as a defense in a DUI case in Washington State if the defendant can demonstrate that the barrier prevented them from understanding the consequences of their actions or the instructions given to them by law enforcement. This defense can be raised in several different contexts, such as:

• During the arrest: If the defendant did not understand the instructions given to them by the arresting officer, such as the Miranda rights, it could be argued that they did not knowingly and voluntarily waive their rights.
• During the chemical test: If the defendant did not understand the instructions given to them on how to perform the chemical test (breath or blood test), or the consequences of refusing the test, it could be argued that they did not knowingly and voluntarily submit to the test.
• During the court proceedings: If the defendant does not understand the charges against them or the court procedures, it could be argued that they are unable to effectively assist in their own defense.

It’s important to note that the defense of language barrier is not automatically successful just because the defendant does not speak English as their first language. The defendant would need to demonstrate that the language barrier actually prevented them from understanding the relevant information in their case.

Additionally, it’s important to note that the defense of language barrier can be used in conjunction with other DUI defenses, such as challenging the legality of the arrest or the accuracy of the chemical test. An attorney would be able to advise on the best defense to use in a specific case.

It’s also important to note that, in Washington State, the state provides interpretation services to those who are not proficient in English. Police departments and courts are obligated to provide interpretation services so that non-English speakers can understand their rights and the proceedings against them. Therefore, if the defense can demonstrate that these services were not provided or were inadequate, it could strengthen their defense.

In conclusion, a language barrier can be used as a defense in a DUI case in Washington State if the defendant can demonstrate that the barrier prevented them from understanding the consequences of their actions or the instructions given to them by law enforcement, but it’s important to note that the defense of language barrier is not automatically successful just because the defendant does not speak English as their first language. The defendant would need to demonstrate that the language barrier actually prevented them from understanding the relevant information in their case. Contact The Law Offices of Smith & White, PLLC, in Tacoma at 253-363-8662 to protect your rights.