Judge Althea Drysdale
Antunez, charged with DWI, sought suppression. A Dunaway/Huntley/refusal hearing was held. Officer Urena received a radio run of a car accident and observed Antunez behind the wheel of her vehicle—that rear-ended a parked car—, keys in the ignition and engine running. Urena observed a strong alcohol odor from Antunez, as well as bloodshot, watery eyes. Believing she was intoxicated, he placed her under arrest and transported her to the precinct for testing. The IDTU technician attempted to administer an Intoxylizer breath test, upon Antunez’s consent, but despite numerous instructions, and attempts, she failed to blow a sufficient sample, and same was deemed as refusal. Antunez claimed evidence of refusal should not be permitted to be admitted as there was a language barrier, not a persistent and clear refusal. The court stated given Urena’s observations, probable cause existed to believe Antunez was intoxicated, thus probable cause to arrest. Also, it stated the right to an interpreter did not attach until an adversary judicial proceeding was initiated. Hence, based on video evidence and Urena’s credible testimony, Antunez’s refusal to blow into the testing machine was properly deemed refusal by the technician. Thus, suppression was denied.