What To Do If Pulled Over

THE STOP: A police officer needs a legal basis to stop you as you drive on the roads and highways of Washington. Legal stops can range from any moving violation (e.g., speeding, un-signaled lane change, driving too fast for conditions) to something as simple as a burned out license plate light. Also, a police officer may contact you after even a minor traffic accident of if you are parked on the side of the road under a doctrine known as the Community Caretaker Function.

If stopped or contacted by the police, remember two things:

1. Be polite and cooperative. Roll your window down and produce the documents requested. The officer will be watching you for any difficulty in finding or producing these documents. Being rude or uncooperative will only make things worse for you.
2. It is highly unlikely that you will be able to talk your way out of a DUI investigation if the officer smells alcohol on your breath or marijuana in your car. So, the less said by you the better.

ROADSIDE TESTS: If the officer asks to check your eyes, blow into a portable breath testing device, or requests you to exit the car and perform roadside tests (Field Sobriety Tests), POLITELY DECLINE AND REQUEST TO SPEAK WITH AN ATTORNEY BEFORE YOU DO ANY TESTS OR ANSWER ANY FURTHER QUESTIONS.

There are on-call Public Defenders the officer can put you in touch with, but only if you ask to speak with an attorney. This request will mean in all probability that you will be arrested and transported to the nearest station without performing any of these tests. But remember, you need to talk with an attorney once you arrive at the station prior to answering any questions or doing any tests at the station. This a critical time in your case, and you need an attorney giving you timely advice on what to do and what not to do. This attorney may also become a great witness for you if your speech is clear and not slurred.

BREATH/BLOOD TESTS: If you refuse to take the breath test at the station or to provide a blood sample if requested (because the officer suspects you are under the influence of drugs or are being treated for injuries), there is a high probability that YOU WILL LOSE YOUR LICENSE FOR AT LEAST A YEAR. You have a right to a hearing if you request it within 20 days of arrest, so contact me as soon as possible to get this process started. In most cases it is better to take the breath or blood test and then have your lawyer get the test results suppressed if possible. But the Public Defender you speak with is in the best position to give you the best advice on this issue based on your criminal history and the facts of your case.

RELEASE FROM ARREST: If you are polite and cooperative (even though you decline any of the physical tests and decline to answer questions) and if you have no prior arrests for DUI, most officers will release you to a sober person or call you a cab to take you home. Anyone you see or talk to after release may be a favorable witness for you in terms of appearance, coordination, speech, eyes, balance, etc. So make sure to call or contact people you know after you are released.