| "Have you had anything to drink tonight?" could be the | | | | violation like speeding or broken taillight or failing to |
| worst seven words you ever want to hear when | | | | signal when changing lanes. Next, they get to your car, |
| pulled over by the cops, particularly after you've been | | | | and ask you for your driver's license and insurance |
| drinking. And we all think about a time we may be | | | | information. After that, they mention that they smell |
| faced with answering that question. But, did you know | | | | alcohol or just ask you out of the blue if you've been |
| it is possible to greatly limit what the police have to | | | | drinking that night. Once that happens, they ask you to |
| work with when investigating you for DUI? All you | | | | step out of the car and ask you if you want to take |
| need to do is know and have the guts to exercise | | | | field sobriety tests. Once those are done they arrest |
| your constitutional rights to greatly increase your | | | | you for DUI and take you to the station. |
| chances of not only not being arrested for DUI, but | | | | In this instance, there are several places where you |
| beating a DUI charge if you get one. | | | | can intervene and limit the amount of information they |
| Before I get too far into this, though, I want to point out | | | | have against you. The first place is when they ask you |
| one thing. I am a Seattle DUI lawyer. That means most, | | | | if you've had anything to drink. And there are two keys |
| if not all of this information is based on Washington | | | | on this one. The first key is, don't lie. If they can smell |
| State DUI law. Though it is possible the same rules | | | | any alcohol on you and you lie they are already getting |
| apply in your state, it is also just as possible that they | | | | ready to arrest you. Second, don't answer the |
| don't. So please consider this article as information only, | | | | question. You have the right not to give the police |
| and not legal advice. If you were building a house, think | | | | information about you that can be used against you |
| of this as information on how to draft the architectural | | | | later. The fact that you have been drinking will be used |
| plans. It can be helpful, but you need more information | | | | against you later. So just don't answer the question, |
| to really build a strong house. | | | | and then wait for him to write you the ticket and leave |
| To begin, it is important to understand what the police | | | | or ask you to take field sobriety tests. |
| have to find in order to arrest you for DUI. It's called | | | | And when he asks you to take field sobriety tests, |
| probable cause, and it means the cops have to have | | | | decline. The thing about this, however, is that if you do |
| a basis in fact to believe that you have committed the | | | | decline they can use your declination against you later |
| crime they are accusing you of having committed. To | | | | (translated - the cop can say he figured you declined |
| put it in plain language, they need enough evidence that | | | | because you would fail). But, the reason you'll be |
| you committed a crime that a reasonable, impartial third | | | | declining in reality is twofold. First, you don't have any |
| party would also believe that a crime has been | | | | obligation to take them. And second, you've heard they |
| committed. Although this sounds like a pretty easy | | | | are unreliable and your attorney friend told you not to |
| thing to do, in the context of DUI investigation it can be | | | | take them (and they actually are very inaccurate and |
| extremely difficult if you properly exercise your | | | | don't provide any evidence of your ability to drive a |
| constitutional rights. | | | | vehicle). |
| And, before I get any farther, I want to address what | | | | If/when he asks you to take a portable breath test, |
| is the great big elephant in the room - the appearance | | | | you should again decline, for the same reasons. You |
| of this article to be a how to beat a DUI type of article. | | | | don't have to take the test, so why should you. And |
| The fact is, this article is not about that at all. From my | | | | these machines are also traditionally inaccurate (that is |
| perspective, if you are driving under the influence, the | | | | why they have a huge machine at the police station |
| information in this article will not help you. The article will | | | | that measures your breath alcohol level). |
| not teach you how to properly driver, properly talk, or | | | | At this point the officer is going to have a hard |
| properly act. What it will teach you is how to keep | | | | decision to make (though my guess is he will arrest |
| yourself from getting popped for DUI just because | | | | you for DUI) because the evidence against you is so |
| you've had a couple of drinks and you were unlucky | | | | slim. First, you committed a random traffic violation that |
| enough to get pulled over by an overzealous cop. The | | | | everyone commits. Second, you smell like alcohol, but |
| way I see it, the cops are out there every day trying | | | | that isn't enough to prove you were too drunk to drive. |
| to thwart crime, and I applaud them for that. But | | | | Third, there is no information on whether you've been |
| sometimes, they take advantage of the average | | | | drinking that night or how much you've had to drink. |
| citizen's lack of information and familiarity with the law, | | | | Fourth, there is no field sobriety test information. And |
| getting them to provide information they probably | | | | finally, there is no portable breath test information. I |
| shouldn't. If the police properly informed citizens of the | | | | don't know about you, but this sounds like a pretty |
| choices they have, I wouldn't have to. | | | | weak case to me. |
| Because the cops have to have a basis to arrest you, | | | | The fact of the matter is, at this point the officer may |
| it is important that you try to counteract what they are | | | | arrest you for DUI. But, as your DUI attorney, I would |
| trying to do - form a basis to arrest you - by limiting | | | | much rather have the facts of your case be those |
| the information they have to work with. And the great | | | | outlined above than that you told the cops you'd been |
| thing is, the United States and Washington | | | | drinking, performed field sobriety tests, and took a |
| Constitutions give you the power to do just that. The | | | | portable breath test. The evidence against you in the |
| key is to understand this power that you have an use | | | | latter instance is substantially greatter than in the |
| it in a way that maximizes it's effectiveness against | | | | former. So, next time you are out there driving and you |
| the cops. | | | | get pulled over and investigated for DUI, exercise your |
| The typical DUI investigation and arrest goes down like | | | | rights. |
| this. First, they pull you over for some random traffic | | | | |