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48 Willamette L. Rev. 521 (2011-2012)
Keeping DUI Implied Consent Laws Implied

handle is hein.journals/willr48 and id is 533 raw text is: KEEPING DUI IMPLIED CONSENT LAWS IMPLIED CHERYL F. HIEMSTRA* I. INTRODUCTION An English-speaking deputy sheriff arrives at the scene of a vehicle accident in the middle of an onion field in a rural county. First she smells alcohol and then sees a Hispanic farm worker with a bleeding forehead. The deputy asks, Sir, are you alright? The man answers, Habla solo Espanol. No English. The deputy struggles and tries to think of the best solution to a tricky situation-how to communicate a field sobriety test, gather the necessary evidence, and protect the suspect's due process rights. The Oregon Supreme Court recently decided a similar case.' As of July 1, 2011, the United States Census Bureau estimates that more than half of the nation's population younger than age one are minorities.2 As the American population changes from primarily English-speaking to a more language-diverse culture, laws aimed at informing criminal suspect of their rights are changing in some states. Driving-under-the-influence (DUI) law is continually evolving. Specifically, states are changing rules regarding whether a police officer, when giving an implied consent advisory, must communicate the advisory in the defendant's native language in order to assure the suspect understands the advisory. This Comment will examine the history of DUI law, survey current trends in the states, summarize the status of implied consent in Oregon, and compare Oregon with divergent approaches of other states. DUI law is inherently difficult: police officers must balance road safety against the suspect's right to be informed, in a situation where the suspect is already somewhat incapacitated. Language * J.D. Candidate, 2013; Member, Willamette Law Review. 1. State v. Cabanilla, 273 P.3d 125 (Or. 2012). 2. U.S. CENSUS BUREAU, CB 12-90, MOST CHILDREN YOUNGER THAN AGE 1 ARE MINORITIES (May 17, 2012), available at http://www.census.gov/newsroom/releases/archives/population/cb l 2-90.html.

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