The state of Washington severely punishes those found guilty of driving under the influence. The first step in an arrest occurs when a police officer stops a driver for any reason, usually a traffic infraction, and then develops reasonable suspicion that the driver is in some way impaired. At this time, the officer will usually ask the driver to perform voluntary field sobriety tests (FSTs), and if the driver does not pass all of them, he will most likely be placed under arrest
Several factors can prejudice defendants, such as not knowing their rights and what to do if they are arrested.
What Are My Rights?
Even before an arrest, you have rights. First, the officer has to tell you that the FSTs are voluntary. They usually do this by asking quickly and casually if you’ll step out of the vehicle to perform some voluntary tests just to make sure you’re ok to drive. While it is true that the tests are voluntary, and you may refuse to take them, a refusal is likely to result in an arrest anyway, but so is performing badly on the FSTs. It’s important to note that the admissibility of refusal evidence can be used as evidence of consciousness of guilt. Thus, the legal benefit of refusing FSTs lies in the avoidance of potentially incriminating physical performance on the tests, while balancing the risk that the refusal itself may be used as evidence in court.
Once under arrest, police officers are required to tell an arrestee their rights. In the United States, the Miranda rights outlined in the Constitution protect people who are arrested, regardless of the crime they are accused of.
Therefore, if you are facing a DUI arrest, these are your rights:
- Right to remain silent: Any statement will be used against you in court.
- Right to an attorney: The court will appoint one if you cannot afford an attorney,
- Right to a speedy and public trial.
- Right to be informed of the accusations.
Police must protect and respect your rights during the arrest. If officers violate the victim’s rights, the court may find the arrest unlawful.
After the arrest, the officer will transport the driver to a police station or jail where they will be asked to submit to the official breathalyzer test. Prior to performing the breathalyzer, the officer must read your Implied Consent Warnings, which basically tell you that refusal to perform the breathalyzer test can be used as a basis for both a criminal conviction for DUI and for mandatory suspension of a driver’s license.
What Should I Do If I Am Arrested?
The first thing you should do if you are arrested is to invoke your Miranda rights. You almost certainly cannot talk your way out of trouble, but you can always talk your way into it.
Do not make any statement to the police without first consulting a lawyer. Remain silent. Remember that any statement you make will be used against you in court.
Although being arrested is stressful, you should keep calm and cooperate with the police. Never try to flee or confront the authorities.
Do not refuse the breathalyzer test at the station. An experienced attorney may be able to find procedural errors in how the police conducted the investigation or performed the test, but your refusal to take the test is enough by itself to be convicted.
Finally, find an experienced criminal defense attorney in Washington State as soon as possible. The attorney will significantly help you if you are facing a DUI charge.