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What occurs typically, if a police officer pulls me over for suspicion of DUI?
A police officer must have a reason to pull you over while you are driving. Among other reasons, in Washington State a police officer may pull you over for one of the following:
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Documents You Need to Show: If a police officer pulls you over and approaches you, he or she will ask you for your valid driver's license, and current auto registration
and insurance.
Police Officer Observations: Remember that during a DUI stop the police officer is observing everything that you do and say. He or she uses the following three senses to aid in the investigation.
- WATCHING: The police officer is watching your movements and observing your appearance. For example, did you fumble when reaching for your driver's license? Are your movements slow? Are your eyes bloodshot and/or watery? Are your clothes disheveled?
- SMELLING: The police officer is smelling for an odor of intoxicants, and is unlikely to be fooled by mints, gum, or other attempts to disguise an alcoholic beverage odor.
- LISTENING: The police officer is listening to your speech. Are you slurring your words? Are you responding slowly to the police officer's questions?
Police Officer Questions and Requests: A police officer who suspects you have consumed alcohol will ask you if you have had anything to drink and if so, how much? The police officer will also want to investigate further by asking you to step out of your car to perform field sobriety tests and a portable breath test.
If you do not pass the sobriety tests, the police officer will likely arrest you for driving under the influence (DUI). If the officer arrests you for DUI, he or she will take you to the police station and ask you to blow into the breath test machine there also.
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Remember that the police officer is even observing how you get out of your car. Are you stumbling while trying to get out of the car? Do you have to brace yourself on the door to get out of your car?
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What should I say if a police officer pulls me over?
Answering Questions: The law does not require you to answer questions that may be incriminating. For example, if a police officer asks you if you have been drinking and if so how much did you drink, you can respectfully ask the officer to let you speak with an attorney before you answer any questions. However, it is important to use your discretion. If you have had only one or two drinks the entire night and you feel confident that you have not been driving while impaired, then you may want to answer a police officer's questions.
- If you choose to answer an officer's questions, then make sure you always tell the truth. Your truthfulness will add to your credibility if the case goes to trial later.
- If you choose to speak with an attorney the officer may be suspicious of you not answering questions and may investigate further.
What are field sobriety tests and do I have to take them?
You have a legal right to refuse the sobriety tests, but again, use your discretion. If you refuse the tests, then you increase the officer's suspicion that you are impaired, and you increase the chances of being arrested. However, if you think you are not impaired by alcohol, then you may want to go ahead and take the tests.
What is a portable breath test and do I have to take it?
A portable breath test (PBT) is a small hand-held device that a police officer uses to determine whether you are impaired by alcohol. The PBT is designed to measure your level of impairment. You have a legal right to refuse this test. The PBT is voluntary and not admissible at trial. However, do not confuse the PBT with the breath test machine back at the police station.
Do I have to take the breath test if I am arrested and taken to the
police station?
NO. In most cases you have a right to refuse the breath test. But you should know that there are significant adverse consequences if you choose to refuse the breath test. For example, your refusal could result in a much longer suspension of your license or even a longer jail sentence if you are convicted of DUI. Additionally, while the police cannot force you to take a breath test, they can under many circumstances require that you take a blood test.
Will I go to jail if I am convicted of DUI?
YES. The criminal penalties for a DUI conviction depend on whether you take the breath test and if you do, what your alcohol level is. The legal limit in Washington State is .08.
- If your alcohol level is between .08 and .15 and you have no prior DUI convictions, then you will spend a minimum of one day in jail or have 15 days of electronic home monitoring.
- If your alcohol level is over .15 and you have no prior DUI convictions, then you will spend a minimum of 2 days in jail or have 30 days of electronic home monitoring.
- If you refuse to take the breath test and you have no prior DUI convictions, then you will spend a minimum of 2 days in jail or have 30 days of electronic home monitoring.
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The criminal penalties increase significantly with second and third DUI offenses.
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Will I lose my license if I am convicted of DUI?
YES. The license suspension penalties also depend on whether you take the breath test, and if you do, what your alcohol level is.
- If your alcohol level is between .08 and .15 and you have no prior DUI convictions, then you will lose your license for a minimum of 90 days.
- If your alcohol level is over .15 and you have no prior DUI convictions, then you will lose your license for a minimum of 1 year.
- If you refuse to take the breath test and you have no prior DUI convictions, then you will lose your driver's license for a minimum of 2 years.
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The license suspension penalties increase significantly with second and third offenses. DUI charges also trigger Department of Licensing (DOL) administrative action independent of any criminal prosecution.
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If I lose my license, am I entitled to an occupational license?
YES. If you are convicted of DUI and you have no prior DUI convictions, then you are entitled to an occupational license after 30 days, but you must have an ignition interlock device installed in your car.
To obtain an occupational license you have to fill out an application which is available at any Department of Licensing (DOL) office, and you must pay a non-refundable fee of $100. An occupational license only allows you to drive to your place of employment, school, substance abuse classes, medical doctor for continued healthcare, court ordered community service, and/or on-the-job training.
What are the immigration consequences of a DUI conviction?
It depends. Immigration law is extremely complicated. A DUI conviction does not automatically trigger deportation, but it does adversely impact a citizenship application. If you are charged with DUI, it is crucial for you to retain an attorney who understands the negative consequences of a conviction. Your attorney should then make sure
he or she negotiates alternative settlements that are less likely to have negative immigration consequences.
If I am convicted of DUI, can I enter Canada?
NO. A DUI conviction results in denial of entry into Canada, because a DUI conviction is a felony in Canada. Under limited circumstances, a person may be able to apply for a temporary permit, or he or she may eligible to petition for rehabilitation. Make sure your attorney is aware of these options.
Why should I retain Dixon & Cannon, Ltd. to represent me in my
DUI charge?
At Dixon & Cannon, Ltd.:
- We have extensive DUI courtroom and trial experience.
- We will aggressively negotiate your DUI case.
- We make sure that you get the best possible outcome for your DUI case.
If you have questions about your DUI rights and the consequenses of DUI conviction, call us for a FREE 30-minute initial consultation at 206-957-2247. We can help!
Dixon & Cannon, Ltd. is licensed to practice law in the States of Arizona and Washington. This Web site is created for your general information only and does not represent legal advice. An attorney-client relationship between you and our law firm is not created by you reading this information or calling us. If we decide to work together, we sign a contract to establish our attorney-client relationship.
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