Case Result
Elmhurst DDT Client Found Not Guilty of DUI
By: Attorney Derek Martin
A Spanish-speaking driver arrested on I-290 after refusing all field sobriety and chemical tests is found not guilty when we show the state trooper made no effort to overcome the language barrier.
In May 2019, an Illinois State Trooper executed a traffic stop on I-290 eastbound near the Saint Charles Road exit. The trooper smelled alcohol on our client and saw an open can of beer in his truck console, and began a DUI investigation.
Our client refused all field sobriety tests, was placed under arrest, and refused the chemical test at the station. His driver’s license was suspended for one year, he was charged with DUI, and he was ordered to report to the DuPage County Judicial Center in Wheaton.
On the surface, the state had a strong case. Illinois case law allows a prosecutor to argue that refusing the test shows the driver was fearful of the results — essentially, “he didn’t take the test because he knew he would fail.”
But our client speaks Spanish. After reviewing the reports and video, we saw that the trooper made no indication of any language barrier during his investigation. Illinois law doesn’t require an officer to communicate in a language the suspect understands — but we could counter the state’s theory by showing our client wasn’t aware he was being offered a test in the first place.
At trial at the DuPage Judicial Center, we got the trooper to testify that he did not speak Spanish, that he made no effort to obtain a translator, and that he was not aware of any policies or procedures that would allow him to communicate with our client. That testimony effectively eliminated the state’s “refusal equals fear” argument. The judge found our client innocent of DUI.
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