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DUI FREQUENTLY ASKED QUESTIONS - Part 2

Go to DUI FAQ - Part 1
Go to DUI FAQ - Part 3

The Anatomy of a DUI Stop

An officer must have a reasonable suspicion to believe you have violated some law in order to make a traffic stop. Random stops and "Sobriety Checkpoints" are not legal in Washington.

According to the National Highway Traffic Safety Administration (NHTSA), the following is a list of symptoms, and the percentage chance that a driver at night is legally drunk:

1. Turning with a wide radius - 65%
2. Straddling center or lane marker - 65%
3. Appearing to be drunk (e.g. slouching in the seat, gesturing erratically or obscenely, eye fixation, tightly gripping the steering wheel, face close to the windshield, drinking in the vehicle, head protruding from the vehicle) - 60%
4. Weaving - 60%
5. Driving on other than designated roadway - 55%
6. Swerving - 50%
7. Slow speed (More than 10MPH below speed limit) - 50%
8. Stopping (without cause) in traffic lane - 50%
9. Following too closely - 50%
10. Drifting - 50%
11. Tires on center or lane marker - 45%
12. Braking erratically - 45%
13. Driving into opposing or crossing traffic - 45%
14. Signaling inconsistent with driving actions - 40%
15. Slow response to traffic signals - 40%
16. Stopping inappropriately (other than in traffic lane) - 35%
17. Turning abruptly or illegally - 35%
18. Accelerating or decelerating rapidly - 30%
19. Headlights off - 30%

However, the officer does not have to observe any bad driving to pull you over. A burned out license plate light or headlight is sufficient legal justification to stop your car.

As he/she is pulling you over, the officer will continue to observe your driving for anything unusual:  responding slowly , swerving abruptly, stopping suddenly or striking the curb when pulling over.

When you are pulled over, you should immediately retrieve your driver's license, registration and proof of insurance before the officer approaches your window and asks for these documents. Roll your window down. If the officer witnesses you fumbling for your paperwork, or having difficulty with the window (due to nervousness or unfamiliarity with the car) he will undoubtedly attribute these actions to intoxication rather than stress. Having everything ready!. Also, do not take off your seat belt.

Understand that the officer's goal in every Traffic stop is to gather evidence. He will be using all of  his senses to collect evidence against you, and will do very little to gather or record evidence that will help you.

1) The officer is looking for:

• Red, watery, glassy and/or bloodshot and eyes 
• Flushed face
• Soiled clothing
• Fumbling fingers
• Alcohol containers 
• Drugs, drug paraphernalia or other contraband 
• Bruises, bumps or scratches

2) The officer is listening for:

• Slurred or thick-tongued speech
• Inconsistent and/or slow responses
• Admissions of alcohol consumption or intoxication
• Abusive language
• Unusual statements

3) The officer is sniffing for:

• Alcoholic beverages
• Marijuana
• Cover up" odors such a breath sprays, mints, chewing gum or smoke
• Unusual odors

Remember, always be courteous towards the officer. Never argue or debate with him. You will inevitably lose. Most importantly, never lie about anything. In other words, if have been drinking, don't deny it, but don't admit it either. Politely decline to answer. Lying can damage your credibility later in court. If the truth hurts, it far better to politely decline to answer questions and ask to speak to a lawyer.

If the officer suspects you are impaired, you will be asked to get out of your car. At this point the officer will be paying close attention to your coordination during the exit, which will, in the officer's mind provide evidence of your intoxication. Specifically, the officer will be observing:

• If you cannot follow instructions
• If you cannot open the door easily
• If you leave the ignition on
• If you leave the car in gear
• If you "stumble" getting out of the car
• If you are swaying or unstable on your feet
• If you use the door for support while exiting
• If you lean against the vehicle
• If you keep your hands on the vehicle for balance

After you have exited your car, the officer will instruct you to perform a series of  voluntary "field sobriety tests" to see if "you are safe to drive." You should decline to take these tests. Without a videotape the only thing that determines if you pass is the officer's opinion. The physical tests may include:

• Reciting the alphabet
• Walking a straight line in a heel-to-toe fashion
• Standing on one foot for approximately 30 seconds
• Finger counting
• Closing your eyes, leaning your head back and touching  your  finger to  your nose
• Examining your eyes to  by having you follow a pen or finger

In addition to these "tests," most officers use a  portable breath test (PBT). This type of breath  device cannot be used in your trial, so will not fulfill your obligation to take an "official" breath test at the  station . You should decline to take the PBT and ask to take the "official "test at the station.

What is a ROADSIDE REFUSAL???

Currently many officers are trying to encourage citizens to REFUSE this official BAC test at the station. They may say, "It's Your right to blow or not. If you want to refuse the test I will let you go right now."

Often they will add additional inducement to get you to refuse like,  " I will drive you home or your spouse can come to the scene and drive you home in your own car, I won't tow it."

We almost never tell people to refuse to take the official BAC test. A refusal increases the jail ,license, fines and penalties  to the HIGHEST level. 

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