Green
Ochoa was charged with operating a motor vehicle while intoxicated, among other things. He moved to dismiss based on constitutional grounds of equal protection and due process. Ochoa was involved in an accident, but left the scene. Once apprehended and police arrived, they observed an indicia of intoxication based on his red, watery, bloodshot eyes and an alcoholic odor emanating from his breath. A Portable Breath Test was administered, resulting in a .14 percent blood alcohol content reading, and Ochoa was arrested. Once he was transported to the 78th precinct, but no intoxicated driver’s examination (IDE) form was filled out or coordination tests offered as officers concluded Ochoa’s limited English skills prevented him from fully comprehending the requirements. The court found, based on officers’ testimonies, that not administering physical coordination tests to Ochoa due to a language barrier was fairer to him, noting there was no constitutional right to such tests. It ruled while the discretionary administration of the IDE and coordination tests served a disparate and unequal impact on non-English speaking persons arrested for DWI, the policy was rationally related to a legitimate government interest, denying dismissal.
