Immigrant communities are upset by an announcement from the New Jersey State Attorney General’s office prohibiting police from using languages other than English, in making the “Standard Driving While Intoxicated Refusal Statement.”

In April 2004, the New Jersey State Assembly passed a bill, signed by Gov. James E. McGreevy, lowering the legal blood alcohol concentration from 0.1% to 0.08% effective immediately.

In enacting this bill, the State Attorney General’s office included a provision prohibiting police officers the use of languages other than English when placing a person under arrest for a DWI violation. The New Jersey Motor Vehicle Commission Standard Statement, which consists of 11 provisions, prescribes that arresting police officers are required to inform drunk drivers of their right to consult with an attorney, necessity of a chemical test, and the disadvantages of refusing to submit to the breathalyzer test.

Under the existing regulations, if drivers refuse to submit a sample of their breath, they face license suspension ranging from seven months to 20 years with fines between $300 and $2,000.

Therefore, when an immigrant who speaks poor English is stopped by a police for drunk driving, he or she is most likely to be at a disadvantage due to the language barrier.

Even if a Korean-American drunk driver is stopped by a Korean-American police officer, for example, around Palisades Park, Fort Lee, or Ridgefield, the officer is not allowed to speak in Korean to the offender.

Attorney John Menzel says: “The State Attorney General’s office has been expanding the employment of police officers from minority groups to help protect the rights and interests of minorities. Prohibiting the use of other languages for the prosecution DWI violations is inconsistent with the trend in law enforcement.” He adds, “Immigrant communities should make every effort to correct this ill-conceived provision.”