A DUI arrest is always preceded by a traffic stop, whether the police officer suspects drunk driving or has stopped a motorist for an unrelated reason, such as a burned-out taillight. While the Fourth Amendment protects citizens from unlawful search and seizure, refusing to cooperate with an officer typically is not in the best interests of a stopped motorist. Nevertheless, there are still ways to protect your rights when a police officer stops you for a DUI. FindLaw’s “DUI Stop” subsection covers DUI defenses during and after a traffic stop, your rights under the Fourth Amendment, the legality of sobriety checkpoints and more.
In some states, if you have ever driven around late at night, you may have come across a DUI checkpoint. A few police cruisers might block a portion of a road and one officer will ask simple questions of each driver. Washington state does not allow DUI checkpoints as they have been deemed unconstitutional by the Washington Supreme Court.
Once the police pull you over and suspect you of drunk driving, they will most likely ask you to take a breath test. Read this article to find out whether you can refuse this test, and when it might be a good idea to refuse the test.
Police have broad discretion in determining when and whether to pull someone over, but they cannot just stop any random person and start conducting field sobriety tests. Find out the minimum standard police must satisfy before conducting a DUI stop.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.
