DUI and Physical Control

A person arrested for the crimes of DUI or Physical Control has to be concerned about possible criminal sanctions and possible suspension of a driver's license. It is important to consult an attorney early in the process to give a person arrested or charged with DUI the best chance for success.

DUI & the Traffic Stop

What happens during a DUI stop by a police officer?

The stop: A police officer must have a reason to stop a driver of a motor vehicle. Typically, an officer may stop a driver for speeding, crossing over a line divider, weaving, or simply for a cracked windshield or failure to have a license plate light.

Officer Observations: As soon as the officer stops a driver, the officer may try to determine if he or she can smell alcohol. If the officer can smell alcohol, the officer will start making observations of the driver's eyes, speech, clothing, and coordination. If the officer can smell alcohol and notices a driver's eyes are bloodshot and watery, the officer will begin to ask questions about alcohol consumption.

It is required for drivers to provide proof of insurance, license, and registration upon request by the officer. The driver should be polite when responding to this request.

Officer Questions: The officer will typically ask how many drinks a driver had before driving. If the answer is only two drinks, and this is a truthful response, it may be helpful just to tell the police officer the truth. The officer may also ask if the driver is aware of why he or she was stopped.

A driver is under no obligation to answer the officer's questions. If the driver does decide to answer the officer's questions, the driver should be truthful with the officer. Of course, refusal to answer the officer's questions will make the officer suspicious and he or she will likely invite the driver to perform field sobriety tests.
After arrest, the officer may ask a driver to answer a series of 30 plus questions including questions such as "Do you believe your driving was impaired by alcohol." It is generally inadvisable to answer these questions, and instead ask to speak to an attorney.

Field Sobriety Tests: Field Sobriety Tests (FST) are designed to help an officer determine if a driver is impaired. The officers refer to some of the tests as "divided attention tests." These tests, such as the walk and turn test, require a person to listen to and follow instructions while performing simple physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises. The officer will observe a person's performance on these tests very closely. If there are any perceived indicators of impairment, they will be noted by the officer.

Performance of FST is voluntary. If a driver believes he or she will not do well on the tests, it is probably best not to perform the tests. However, refusal to perform the tests may increase the officer's suspicion that the driver is impaired by alcohol and/or drugs.

Portable Breath Test: The portable breath test (PBT) is a handheld device carried by officers in their patrol cars. The miniature machines can give a quick read out of the level of alcohol on the breath. Generally, the readings from PBT are not admissible at trial. However, an officer may place use the reading to determine whether or not to make an arrest.

A driver may refuse to blow into the PBT. There are no license consequences for refusal. This miniature device should not be confused with the larger breath machine at the precinct. Refusal to blow into the larger machine at the precinct could indeed result in harsher criminal penalties and longer suspension of a driver's license.

The Breath Machine: In Washington State, law enforcement agencies use the BAC Verifier Datamaster to measure the concentration of alcohol on a person's breath. An officer who has arrested a person for DUI will usually offer the person the opportunity to blow into the machine. The machine requires a certain volume of air to be blown into it for it to register a result. The person under arrest will be asked to blow into the machine twice. If the person only blows into the machine one time or blows too lightly, the officer will note it down as a refusal to take the test.

Refusal to take the test can result in more severe criminal penalties and longer suspension of a driver's license. However, performance of the test is voluntary.