If you are stopped for a suspected DUI:
- Do slow down, signal and pull over to the shoulder when the police officer turns on his emergency lights.
- Do put your car in park, set the brake and turn off the engine. The officer will document how you respond to being pulled over.
- Do roll down both the driver's side and passenger side windows. The officer may approach from either side and will document any difficulty you have rolling down the windows.
- Do keep both hands on the steering wheel. The officer wants to be able to see your hands at all times for safety.
- Do show the officer your driver's license, registration and proof of insurance. Keep your license in a place where you can easily find it and produce it. The officer will document any difficulty you have in finding and removing these documents.
- Do be as polite and courteous as possible to the police officer. It doesn't hurt to address the officer as Sir or Ma'am to indicate your deference to his or her authority.
- Do get out of the car if the officer tells you to get out.
- Do ask if you are under arrest. If you are, you have the right to be told why.
- Do politely but clearly inform the police that you will not answer their questions without an attorney being present.
- Do politely but firmly decline to take the preliminary breath test (PBT) by the side of road. Politely but firmly tell the officer, "No, thank you." Portable breath-testing devices are notoriously inaccurate and may provide incriminating evidence against you. The critical breath test is the one that is requested AFTER you have been arrested and taken to the police station. Anyone arrested in Washington State will be requested to provide a breath sample into a more sophisticated device called the Datamaster. The Datamaster currently is the only breath test approved for use in Washington State.
- Do politely but firmly decline to take any other roadside sobriety tests, such as the horizontal gaze, the walk and turn, and the one leg stand. While you might think you will do well on these tests, they are judged subjectively by the officer and it's likely to be your word against his or hers in court.
- Do, if you are taken into custody, ask to have an attorney present before speaking to the police and submitting to the Datamaster breath test. The arresting officer is NOT required to put you in touch with the attorney of your choice, or even an experienced Washington DUI attorney. In most cases, they will call one of the public defense attorneys that happens to be on call the night that you are arrested. But you should always demand to speak with an attorney BEFORE taking the breath test. If the officer makes no real effort to put you in touch with an attorney, this issue can be raised in your defense at both your Department of Licensing Hearing and your criminal case. But the officer is under no requirement to put you in touch with an attorney unless you specifically request one.
- Do ask for the arresting officer's name and badge number, or read it off of his or her badge. Try to get a good look at the officer's face so that you can identify him or her later, if necessary.
- Do, as soon as you can, write down everything that happened during the course of your arrest so that you can refresh your memory at a later date.
- Do, if you are physically injured by the police during the course of your arrest, seek medical attention and inform your medical providers of the cause of your injuries. Take photographs of your injuries as soon as possible.
- Do remember that you have the right not to answer ANY questions that the police may ask you. If you answer a question which at first seems harmless, be aware that it may later come back to haunt you.
- Take your drunk driving charge very seriously. A conviction for a DUI in Washington will have long lasting consequences. A criminal record can affect your employment, your future and your personal freedom.
If you are arrested for a DUI, DO NOT:
- Provide the police with any information other than your name and address if you are arrested, unless your DUI attorney is present and approves. The officer will casually ask you if you have been drinking, how much you had to drink, where you are coming from, where you are going, etc. Politely but firmly say, "I don't wish to answer any questions, thank you." If you answer questions, your answers will be used against you in court.
- Consent to a search of your person or your vehicle. They may perform a search anyway, but it is your right to refuse.
- Engage the officer in conversation or attempt to be overly friendly.
- Give the arresting officers any reason to believe you are threatening, hard to deal with or irritating.
- Place your hands where the police cannot see them.
- Run away from a police officer if you see one (or more) approaching you. Running away may give the police reason to suspect that you are hiding something from them.
- Interfere with or obstruct the police. If you do, you can face additional criminal charges.
- Agree to take a breath test by the side of the road. Wait until you have had contact with an attorney at the police station.
- Resist arrest. Even if you think you are innocent, the time to protest comes later. If you resist arrest, you may face additional charges.
- Allow the police to listen in on any telephone call that you make to your DUI lawyer once you have been arrested. While the police may listen in on conversations to other individuals, they cannot listen to a conversation with your lawyer as it is protected by the attorney-client privilege.
- Sign anything, no matter what it is, without a DUI attorney being present.
- Say anything if your DUI lawyer instructs that you remain silent. Let your DUI attorney do the talking for you, no matter how hard it may be to resist the urge to speak.
- Lie to your DUI attorney, or to the police if you choose to talk to them.