State v. Baraki
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The Supreme Court reversed the order of the district court granting Defendant's motion to suppress his breath test because no interpreter was available and the advisory was read to him in English, holding that the police officer discharged his duty by making all reasonable efforts to obtain a Tigrinya interpreter before reading the advisory to Defendant in English.
Defendant was from Eritrea, and his primary language was Tigrinya. Defendant, who was pulled over for traffic violations, agreed to do a preliminary breath test, which came back over the legal limit. He was then arrested and transported to a law enforcement center. The arresting officer contacted a commercial service known as Language Line to obtain an on-demand Tigrinya interpreter for the implied consent advisory, but not such interpreter was available. The officer then read Defendant the advisory. Defendant was subsequently charged with operating while intoxicated second offense. Defendant moved to suppress the evidence of his blood alcohol content from the DataMaster test on the grounds that he did not give consent. The district court sustained the motion. The Supreme Court reversed, holding that the officer complied with Iowa Code 321J.8 by making reasonable efforts and using reasonable methods to convey to Defendant the implied consent advisory.
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