DUI Arrests In Clark County Washington

Roger Priest is a highly-rated criminal defense attorney in Vancouver WA with extensive courtroom experience in Washington’s complex criminal laws

Were You Arrested For Drunk Driving In Clark County Washington?

Deciding to make a DUI arrest is a legally significant decision for a police officer in two major ways. First, an officer’s arrest must be supported by probable cause. In essence, this means that an officer’s DUI arrest must be supported by a certain amount of evidence. If the officer doesn’t have enough evidence when he makes the arrest, the court will likely dismiss the case. Second, police must read Miranda warnings to a suspect after arrest before they can start asking the suspect questions. There are many subtleties to these rules, but these are the basics.

Any DUI Arrest Involves Critical Details That Can Make or Break Your Case

People have a constitutional right not be arrested unreasonably. For a DUI arrest to be proper, a judge must agree that there was enough evidence that a reasonable officer would believe, more likely than not, that the suspect committed a crime. This standard is called probable cause. A criminal defense lawyer can sometimes challenge whether probable cause existed to make an arrest. If a judge agrees that the officer did not have probable cause to arrest, all evidence gathered as a result of the arrest is inadmissible at trial. This can include evidence found from a search of the suspect, confessions, and much more. Successfully challenging probable cause for a DUI arrest will result in dismissal of the criminal charges in most cases. This is so because the amount of evidence necessary for probable cause is much lower than the amount of evidence necessary to convict (proof beyond a reasonable doubt). If police don’t have enough evidence to convince a judge that a suspect committed a crime more likely than not, chances are low that they can convince a jury that the same suspect committed a crime beyond all reasonable doubt.

Cops usually read you the Miranda warnings quickly from a printed card. Rarely will a cop give you more information than he has to by law. Furthermore, police are professionally trained to maintain a cold demeanor towards you to dissuade you from asking follow-up questions. In fact, cops often give the impression, through their demeanor, that “it would be a bad idea ” to refuse to answer their questions. To be fair, cops are not in the business of being your buddy. They aren’t there to give you advice and they certainly aren’t paid to help you avoid a conviction. They get job security by making sure that you get convicted of the crime they arrest you for. So, don’t expect the police to make it easy on you. The police want to read you the Miranda card and quickly get on with the interrogation. You can expect the typical Miranda warnings to go something like this:

The “All Business Cop” Miranda Warnings

The “No Funny Stuff” Miranda Warnings

You have the right to remain silent. Anything you say can, and will, be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights? With those rights in mind, will you answer questions?

The “Buddy Cop” Miranda Warnings

Now imagine an entirely different type of cop. One who isn’t concerned with getting you convicted, but one who is most concerned with preserving your civil liberties. The Buddy Cop might take time to explain your Miranda rights in a manner that sells you on the virtues of exercising your constitutional rights. In a fantasy world like this, the Miranda warnings might go something like this:

The “Buddy Cop” Miranda Warnings

I am going to try to get you to confess to me that committed a crime so I can testify against you later in court. You don’t have to answer any questions or even talk to me. If you simply say “I don’t want to answer any questions”, I’ll immediately stop asking you questions. If you want to talk to an attorney before deciding, I’ll leave you alone until you have that opportunity. If you simply say “I want an attorney”, I’ll immediately stop asking you questions. You can’t get into trouble for not answering my questions, so there is really no downside to keeping quiet.