Aug 18
What to Do If You Are Pulled Over for a DUI in Washington State
by Lewis & Laws
What to Do If You Are Pulled Over for a DUI in Washington State
Learn what happens if you get pulled over for drunk driving in the greater Seattle area.
Under Washington law, there must be an actual traffic violation or a specific, stated suspicion of a crime in order for a police officer to pull you over. If a police officer pulls you over and you have been drinking and driving, there are a few things you can do to potentially improve the outcome.
You may or may not know why the officer pulled you over. Perhaps you were speeding, you rolled through a stop sign, you failed to use your turn signal, or you committed some other violation of motor vehicle laws. In virtually all Washington DUI cases, law enforcement initially pulls a driver over for committing an infraction. At that time, the officer likely has little to no evidence that the driver is operating his or her vehicle under the influence. During the course of investigating the traffic violation, however, the officer will investigate the driver for suspicion of DUI if he or she observes poor coordination, a flushed face, slurred speech, etc.
Pulling Over
As soon as you see a police car following you with its lights on and siren blaring, pull over to the right as safely as possible. Use your turn signal to indicate when you change lanes. Slow down fairly quickly but not so much that the police officer will have to slam on his or her brakes to avoid hitting your vehicle.
Do Exactly What the Officer Says
After stopping your vehicle, turn off your car, roll down your window all the way, and place your hands on the steering wheel. Turn the interior light on if it’s dark outside. Don’t start rummaging around to look for your driver’s license, vehicle registration, and proof of insurance until the officer asks you for them. Don’t make any sudden movements. Get out of your vehicle if the police officer asks you to do so, but otherwise, stay in your vehicle.
You cannot control whether or not a police officer will arrest you for a DUI, but you are less likely to get arrested if you treat the officer politely. Avoid being rude or argumentative because it could harm your case later. Everything you say or do from the moment you are pulled over could make the difference between your conviction and acquittal. Don’t speak first – let the officer do the talking and don’t insist that the officer tell you why he or she pulled you over.
While you are required to give the officer your name, driver’s license, and registration, you are not obligated to answer any potentially incriminating questions. However, you should never lie to an officer. Politely decline further comment by saying that you would like to speak with an attorney first. If you ever admit to having any alcoholic beverages, you will be testifying against yourself. In addition, speaking unnecessarily could lead the officer to assert that your speech is slurred or that your breath smells like alcohol. Silence is not an admission of guilt and cannot be used against you in court.
Submitting to Field Sobriety Tests Is Voluntary
Submitting to field sobriety tests is voluntary under Washington law. You can politely decline to perform any field sobriety tests if you are pulled over. You have a right to decline the tests, but prepare to be arrested if you do so. Hiring a DUI attorney to represent you will be crucial to your defense.
Under Washington State’s Implied Consent law, you have already consented to a breath or blood test. The consequences of refusing a breath or blood test are often more severe than the consequences of taking a breath and blood test and having results at or above the legal limit, so it’s better to just take the test.
Discuss Your Case with a Seattle Drunk Driving Attorney
If you are pulled over for suspicion of drunk driving in Washington State or are arrested on a DUI charge, get in touch with a qualified drunk driving lawyer in Seattle. A DUI conviction has serious consequences, so find a lawyer who is knowledgeable about Washington drunk driving laws and the local court system. Baker, Lewis, Schwisow & Laws, PLLC has more than 45 years of collective legal experience in the criminal justice system and extensive experience fighting DUI charges. Please contact us today for a free case review.