• What happens during a DUI investigation?
• What should I say to the investigating officer?
• When should I ask to talk to a lawyer?
• Do I have to take the roadside Field Sobriety Tests?
• Do I have to take the roadside Portable Breath Test (PBT)?
• Does the officer have to read me my rights?
• Do I have to take the breath test at the police station?

An officer must have “probable cause” to believe you have violated some law in order to make a lawful traffic stop. The officer will typically observe your driving for anything unusual such as swerving or responding slowly to the stop command during the stopping sequence. When you are pulled over, you want to provide the officer with driver’s license, registration and proof of insurance. However, the officer’s job is to gather evidence that could be used against you. The officer will be watching for such things as difficulty in obtaining the requested paperwork and any perceived coordination problems. The officer will also be looking for such things as red, bloodshot and watery eyes, flushed face, alcohol containers, drugs or drug paraphernalia and disheveled or soiled clothing. The officer will also be looking for slurred or “thick tongued” speech and any statements involving alcohol usage. The officer will also be using his or her nose to detect the smell of any alcoholic beverages or marijuana.

If the officer suspects that you are affected by alcohol and/or drugs, the officer will usually ask you to step out of the vehicle to perform “voluntary” field sobriety tests. These tests are designed for failure and to allow an investigating officer gather evidence that may be used against you if you are charged. These tests can vary depending on the situation and medical limitations of the person being asked to perform the tests. The tests may include following a pen or officer’s finger with your eyes, walking a number of steps, lifting and holding your leg up, counting on your fingers or reciting the alphabet. After the officer has tried to get you to perform as many of these “voluntary” field sobriety tests, they may then ask you to blow into a small Portable Breath Test (PBT) before they decide to do an arrest.

However, there is no obligation to perform any of these pre arrest roadside tests as they are all “voluntary”.

Should an officer start asking you questions beyond mere identification or production of license, insurance and registration, you are not required to answer incriminating questions.
A simple polite response of “I would like to speak with a lawyer before answering any questions is a good reply. Additionally, should the officer ask you to perform the “voluntary” Field Sobriety Tests, especially tests such as following a pen or officer’s finger with your eyes, walking a line, lifting and holding your leg up or blowing into a pre arrest portable breath test, a good response would be “I decline to do any of these tests before I talk to a lawyer” or “I would like to speak with a lawyer before I do any of these tests”.

The back of my business card states specifically: “I refuse to perform any physical, verbal and PBT tests that have to do with intoxication. I also refuse to answer any questions. I request that you immediately put me in contact with an attorney. I request to exercise all of my rights under the Fifth Amendment, to remain silent, and my rights under the sixth amendment to have an attorney present during any questioning or line-up. I request that you immediately assist me in obtaining a blood test and any other additional tests pursuant to RCW 46.20.308 that bear on my alcohol or drug ingestion.

I give these cards to my clients, so that if needed, they can hand my cards containing these important rights and requests to any investigating officer before answering incriminating statements or agreeing to do Field Sobriety Tests designed for failure.

Again, the important part of a DUI investigation, is that you have a right to a lawyer and a right to remain silent so you don’t incriminate yourself. This is a crucial right and needs to be stated to any investigating officer. Generally speaking, after any arrest, an officer must read you your rights. However, one of these rights is that you have the right to remain silent and the right to a lawyer.

After the arrest, the officer will typically ask you to take a breath test at the police station. The officer is required to read you information advising you of the consequences of what happens to your driver’s license if you blow over .08 or if you refuse the breath test. The officer is also required to tell you that you have the right to additional tests by a qualified person of your choosing. Although you can refuse to take the breath test, the consequences can be severe, possibly more severe, than if you had taken the breath test, and you will probably still be charged for DUI. The department of licensing can revoke your license for at least one year if you refuse the breath test. The refusal can be used against you in a DUI trial. A refusal will give you “enhanced” DUI penalties in court in terms of jail time, license loss and fines if you are found guilty of DUI in court. It is usually easier to deal with a breath test result than successfully contest a DOL revocation, so, in most circumstances, a breath test should be taken. However, you always want to ask for a lawyer before taking the breath test.