The DUI Process in Washington State

DUI Stop and Arrest

If you are pulled over and suspected of a DUI, the police will start asking you questions about whether you’ve been drinking or doing drugs. These questions are designed to gather evidence to use against you in court. So, if the officer asks you how much you’ve had to drink, realize there is no good answer to this question if you have been drinking. If you admit to drinking, that will be used against you. If you have been drinking and say you have not, that will be used to undermine your credibility in court. The only acceptable answer you can give is, “I want to invoke my right to remain silent.” The constitution permits you to not answer incriminating questions and elect to “remain silent” instead. It is important to tell them you are invoking your right to remain silent, rather than simply sitting silently. Your naked silence might be used as evidence to suggest that you were to impaired to process what was going on. In short, they may try to say you were in a drunken stupor.

Field Sobriety Tests

After making initial observations and asking you questions, an officer may ask you do do field sobriety tests. In a DUI, field sobriety tests are designed to test your ability to follow instructions and do basic mental and physical tasks. The theory goes, if you can’t properly do these tests correctly, you may be impaired. Although the field sobriety tests are admissible at a later trial, they are not an exact science. Often, officers give the wrong instructions or fail to give all of the instructions. Sometimes these tests are recorded and sometimes they are not. If you refuse to do the tests, the fact that you refused may be used at trial against you.

To be clear, the field sobriety tests usually include dozens and dozens of instructions. Most people underestimate what is being asked of them. It is not uncommon to think, they just want to know if I can walk down a line and back. So long as I don’t fall down, I’m good to go. In fact, the field sobriety tests test for much smaller things. The tests are designed to see if you raise your arms for balance, whether you touch your heel to your toe when walking, whether you take the exact number of steps requested, and whether you take the turn exactly as instructed. Field sobriety tests are much closer to a dance competition than you think. You will get docked for things you didn’t think were important, because the instructions are often not clear on what is expected of you and what is being given weight.

Don’t be afraid to ask lots of questions before the test. Don’t be afraid to ask for the instructions to be provided to you multiple times before starting. Also, don’t be afraid to ask that the tests be recorded. You can even ask to have them recorded for posterity. Then if the officer says you refused to do the test, you can simply explain that you were willing to do the tests if there was going to be an accurate record of your results, rather than just the officer’s recollection. As time goes by, body cams and dashcams in police investigations become more and more common, however, they aren’t used by every agency yet. There is nothing wrong in requesting that the police investigation be accurately recorded. It might protect you.

Right to an Attorney

At the station, they are required to give you an opportunity to talk to a lawyer. Do not take no for an answer. They may have a list of attorneys you can call. The officer may insist on dialing them for you. In fact, they may not even let you touch the phone until an attorney actually answers. Far too often, I have clients ask to talk to an attorney and then never actually talk to an attorney. If the officer tries to give you a few chances to call an attorney and then hurries you along to take the breath test, insist on continuing to make calls.

It is true that many attorneys are asleep during peak DUI investigation hours. You may be able to arrange on the phone for an attorney to come meet you at the police station. At the station, an officer can act as a witness and can advise you along the way. You will have to pay an attorney for their time, but there is no better way to protect yourself. Under no circumstance should you agree to stop calling attorneys if you are unable to reach one right away. Keep trying to talk to an attorney until you get to talk to someone. If no one on the attorney list answers, ask for a phone book. Ask to have access to the internet to find someone to talk to. If the cops refuse, you may have grounds to argue later that they interfered with your constitutional rights. This may lead to winning your case or getting a better negotiated deal.

Implied Consent Warnings for Breath

You will also be advised of your implied consent warnings. Under Washington law, no breath test is admissible unless you were first advised of your right to refuse the breath test. You will also be advised that there are certain downsides to refusing a breath test, including a longer license suspension. You are allowed to ask questions about theses warnings. If they are confusing, do not sign the form until you’ve had a chance to ask questions. You can also insist on talking to an attorney about the implied consent laws.