Police say a DWI suspect pulled over in Moorhead pretended he couldn't speak English – only to have the officer speak the language he was attempting to fake, Forum News Service reports.
Adam Neil Dominguez is charged with two felonies – one count of DWI, and one count of refusing to take a breath test, Forum says.
According to the paper, the officer who pulled Dominguez over for speeding smelled alcohol and noticed an open bottle of vodka. Dominguez reportedly told the officer he "No habla" – which literally translates from Spanish to English as "He does not speak."
The officer however did speak Spanish, and asked Dominguez a question in that language – to which Dominguez didn't respond, Forum reports.
He's due in court June 13, the paper says.
Drivers in Minnesota can be charged with a crime for refusing to take a breath test under the state's "implied consent" law. It gives police the right to test a driver without a warrant because the alcohol in the person’s system could dissipate by the time a search warrant was obtained.
When you drive in Minnesota, you agree to be tested for driving under the influence — that’s the “implied consent.”
The state supreme court upheld that law last fall.
The decision stemmed from a consolidation of three DWI cases – two in Scott County and one in Hennepin County – over a six-month period in 2009 and 2010 involving Wesley Eugene Brooks, 40, of Prior Lake.
During all three arrests, Brooks consented to either urine or blood tests, but later argued he was coerced. Brooks’ attorney argued that a DWI stop alone is not reason to take someone’s blood, breath or urine without consent, and doing so is a violation of their constitutional rights.
Chief Justice Lori Gildea said in the court opinion that since Brooks consented to the blood-alcohol tests, a warrant was unnecessary.
In each case, police read Brooks the “implied consent advisory,” which informs drivers that Minnesota law requires them to take a chemical test for the presence of alcohol, that refusing to take a test is a crime and that drivers have the right to talk to a lawyer before deciding whether to take a test.