No interpreter needed to issue DUI warning

Prosecution and Procedure

By David J. Robinson

David J. Robinson is a lawyer, adjunct professor, author and chief deputy director for the State’s Attorneys Appellate Prosecutor.

Posted July 22, 2019 10:14 AM

In order to protect the constitutional due process rights of criminal defendants, the Illinois General Assembly has codified the use of interpreters, at county expense, during the trial phase of criminal proceedings. See 725 ILCS 140/1 through 140/3 (West 2018).But what about precharge interactions with police that do not implicate the constitutional rights of the accused? For example, do the police have a duty to retain an interpreter to administer the warning to motorists as part of the statutory summary suspension …

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