Being pulled over by WA state law enforcement is always a nerve-racking experience, especially if you have been drinking earlier in the evening.  You may not even know why you are being pulled over.

We are WA State and Seattle DUI attorneys.  We fight drunk driving charges throughout Western Washington.  Here are a few suggestions to make the experience as painless as possible and to try and minimize the potential damage if you are actually arrested and charged with a WA DUI.

You have heard me say this before, but it warrants repeating.  If you want to avoid getting arrested for drunk driving in Washington State, it’s very simple:  Don’t drink and drive.  If you have had anything to drink in the last four hours, just don’t drive.  Take a cab.  Call for a ride.  Walk.

Now, drinking and driving in Washington State is NOT illegal.  You can drink and drive so long as your BAC is not above a .08 within two hours of driving or you are not “impaired”.  The problem is that they way in which Washington State law enforcement determines a person’s BAC and/or level of impairment is both completely subjective and scientifically unsound.  If you have alcohol on your breath when you are stopped there is a very good chance that you will be arrested, whether you are actually impaired or not.

As a result, thousands of people are wrongfully arrested for DUI in Washington every year.  And, many of these people, especially the ones who cannot afford a good Washington DUI attorney, are actually convicted of drunk driving.

If you are driving after having been drinking earlier in the day, here are a few tips on what to do and what not to do.  Remember, however, that every DUI case is unique, and these are simply general guidelines.  More importantly, these tips are not intended to be, and should not be construed as legal advice.

First of all, if you have been drinking and decide to drive, the first thing that you should do is get your license, your vehicle registration, and your proof of liability insurance BEFORE you ever start your car.  Put them together in a place that is right in front of you, such at the passenger seat or the center console.

Also, if you have a toothbrush and toothpaste in your car, go ahead and brush your teeth.  It can help get rid of mouth alcohol odor and also dislodge food particles that may have alcohol particles trapped in them.  And, if you have gum, go ahead and put in a stick or two.  If you are stopped, however, just lodge it in between your gums and your mouth.  You should stop chewing or throw it onto your floorboard when the officer approaches your vehicle.  Again, however, complete these tasks BEFORE you ever start your car.

One of the main reasons that people get pulled over on suspicion of a Washington State DUI is that they are driving somewhat erratically during certain designated times when drunk driving is believe to occur more frequently.  These are often Thursday, Friday, and Saturday nights between 10:00 p.m. and 5:00 a.m., or after a major sporting event, or after a rock concert.  These are times when extra Washington DUI saturation patrols are out in heavy enforcement mode.

So, here you are minding your own business and just trying to get home when you see those red and blue lights flashing behind your vehicle.  What’s your first move?  First, immediately turn on your right turn signal.  This indicates to the officer that you know you are being pulled over and you are now in the process of doing so.  It also indicates that you are alert and that you have immediately recognized that you are being pulled over.  This is one of the first things that every good Washington DUI lawyer focuses on when reviewing police reports.  How did our client handle being stopped and what did the officer first observe when he approaches the vehicle.

Do not pull over to the left curb lane unless instructed by the officer, even if you are driving on a divided highway.  First, the officer may consider this as a sign of impairment because you were not thinking clearly and did not pull over to a “safe” location.  Additionally, you could actually be ticketed for not pulling over the right.  I kid you not.  We have seen it several times over the years. 

Indeed, pulling over to the left could potentially expose you to receiving a $1,000 traffic ticket.  Next, as quickly as possible, find a safe place to pull over to the right.  If feasible, find a place to stop where your car can also be parked in the off chance that you are going to be arrested.  This could potentially save you some very significant towing fees later.  But DO NOT search for one of these locations, such as a parking lot.  If one is right in front of you, great.  If not, just pull over as quickly as possible.

Also, as soon as you see those red and blue lights roll down both your window, and, ideally the passenger window about half way.  Of course, only do this if you have automatic windows.  Reaching over and trying to manually roll down the passenger side window is obviously a stupid thing to do because you will lose concentration on the road and probably swerve, which is makes it seem as if you are impaired.  As Washington State and Everett DUI lawyers, we always cringe when we see very erratic driving alleged in the police reports.

Assuming that your windows are automatic, however, and that you can easily complete this maneuver, the quicker that you can get them down the better.  Alcohol has a very distinct odor and often the inside of your vehicle will be filled with this smell from your breathing out of alcohol particles.  This is one of the first things the law enforcement officers look for when they come up to your window.

Ideally, you can drive for at least a few hundred yards as you are slowing down with the windows down.  After stopping, check your side and rearview mirrors to see which side of the car the officer is approaching from and then roll up the other window.  With a bit of luck, most of the odor of alcohol that was actually built up inside your car will be blown out before the officer arrives.

So, now the more difficult parts.  Before the Officer gets to your window, grab all of your documentation – license, registration, and up-to-date proof of insurance and have it firmly in your right hand when the officer comes up to your window.  Being nervous may lead to you quickly becoming frazzled when trying to retrieve your documents.  This is why you should collect them and have them in a very easily accessible place BEFORE you ever start your vehicle.

You also do not want to be seen frantically searching about your car after being stopped.  Most Washington law enforcement officers will view this suspiciously and think that you are trying to hide something, usually drugs, a weapon, or an alcoholic container.

Officers are also trained to watch you retrieve your documentation to see if you display any dexterity or coordination problems.  This will be noted as a possible clue for you driving under the influence of drugs or alcohol.  Also, make sure your registration form is signed by the car’s registered owner(s).  Otherwise, you are exposing yourself to receiving a $124 ticket. 

The key is simply that having all of your documents ready and “in hand” when the officer first comes up to your window takes this issue completely out of play right from the start.  Trust me, we have seen many Washington drunk driving investigation decisions that were heavily weighted on someone being flustered and having difficulty retrieving their license and other documentation.

Once the Washington law enforcement officer reaches your window, take a deep breath and be polite.  Most officers will also ask you if you know why they pulled you over.  In our opinion, it is best to always say “No” because any admission of a traffic violation can be used later to validate your initial stop for a traffic violation. 

One of the ways that any experienced Washington State or Seattle DUI attorney will attempt to attack your drunk driving charge is by challenging the initial stop.  If the stop is held to be invalid or unlawful, then the entire case must be thrown out.  This is often referred to as the “fruit of the poisonous tree” doctrine. 

After the officer tells you the basis for the stop, you may politely disagree with the officer but do not argue.   It never helps your cause to anger the officer and you certainly will not be able to change his or her mind with your argument.  In fact, if you are not careful, you might just be opening the door to one or more additional traffic tickets and/or possible criminal charges. 

Whatever you do, however, never admit to breaking the law, even if it is just going 1 mph over the speed limit.  Any incriminatory statements by you will be noted in the arresting officer’s report and will be used against you at a later date.  By the same token, if you are polite and professional with the officer, hopefully, he or she will note this cooperation in their report.  This can sometimes be used in successfully negotiating a resolution to your case.

If you are pulled over in the evening or the early morning, especially on a Thursday, Friday, or Saturday night, the chances are good that the officer will immediately start asking you questions that could open the door to initiating a DUI investigation.  In our opinion, you should almost never admit to drinking, coming from a bar, doing narcotics, or taking medication.  If you have done none of the above, then firmly deny doing so. 

If you have, it is better to politely decline to answer any questions about these topics.  I understand that this can be an extremely difficult and awkward thing to do because being pulled over is often a scary experience and you have been programmed that the police are somehow your friends and that you should cooperate and tell the truth.

In reality, however, the police are not friends, and they’re most definitely not there to help you.  They are there to pinch you.  And, they will pinch you as hard as you let them.  You are required by law to identify yourself, provide proof of a valid driver’s license, vehicle registration, and liability insurance.  Beyond this, however, you should almost always invoke your right to remain silent if you have been drinking earlier that night.

Again, I know how difficult this can be when you have just been pulled over in the middle of the night.  And, the officer will probably be caught somewhat off guard.  In the vast majority of cases, however, it is your best move.  Just tell the officer that you have been told that you should “politely refuse to answer any questions other than identifying yourself and providing any legal required documentation”. 

Here’s the bottom line.  You want to put the officer in the position of having to make a decision about whether or not to arrest you for on a charge of Washington DUI as quickly as possible and based on as little evidence as possible.  If the officer asks you to step out of the car, you should ask him if you are under arrest for drunk driving.  If he tell you no, you should politely decline.

If the officer asks you to perform some “voluntary” field sobriety tests, you should again politely decline.  If the officer asks you blow into a small hand held portable breath test by the side of the road, you should again politely decline.

If you lie to the officer about not having been drinking when you in fact have been drinking, it will only make him more suspicious and more aggressive.  And, this can be a real problem if you are arrested and later charged with a Washington DUI.  This is why, in our opinion, it is best not to be put into that position by simply not answering the question in the first place.  Trust me, a good Seattle DUI attorney would rather deal with a statement never having been made at trial, as opposed to having to deal with what is later proven to be a lie.

If after talking with you for a few minutes the officer decides to arrest you for DUI, do not resist.  Immediately invoke your right to counsel and demand to speak with an attorney prior to taking the “real” breath test back at the police station.  Unfortunately, you do not have the right to be put in touch the Seattle DUI lawyer of your choice.  Often, the only attorney that can be reached is the on-call public defender. 

Always agree to speak with whatever Washington DUI attorney or Washington criminal defense lawyerr the officer can reach.  In most situations, and for reasons that are far too extensive to cover in this article, it is generally always in your best interests to go ahead and blow once you have been arrested and are back at the police station. 

But continue to invoke your right to remain silent and DO NOT answer any additional questions, even if the officer basically threatens to put you in jail for the night for not cooperating, as opposed to letting you go home.  This is one of the oldest tricks in the book.  Don’t fall for it.