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Law Firm of David N. Jolly, P.S.
9800 Harbour Place, Suite 204
Mukilteo, Washington 98275
Phone: 425-493-1115
Phone 2: 360-293-2275
Toll Free: 877-293-2275
Fax: 425-645-5713
The DUI Stop
The DUI stop, field sobriety tests, and the breath/blood test

An officer must have "reasonable suspicion" to believe you have violated a law in order to make a valid traffic stop. Random stops and roadblocks 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 60%
4. Weaving 60%
5. Driving on other than designated roadway 55%
6. Swerving 50%
7. Slow speed (more than 10 mph 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%

Police Officer pulls over Motorist | However, the police officer does not have to observe any bad driving to pull you over. A simple vehicle malfunction like a burned out license plate light or headlight is sufficient legal justification to stop your car.

While you stop your car and pull over to the side of the road, the officer will continue to observe your driving for anything unusual, such as responding slowly or failing to respond to the officer’s command to stop, swerving abruptly, stopping suddenly or striking the curb when pulling over.

As soon as you have pulled your car to the side of the road, you should immediately retrieve your driver's license, registration and proof of insurance before the officer approaches your window and asks for these documents.  This will eliminate the officer’s ability to observe your movements.  After you have retrieved 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 likely assume that these actions are due to intoxication rather than stress. Avoid this possibility by having everything ready. Also, do not take off your seat belt until after you first speak with the officer.

The officer's objective every DUI stop is to gather as much evidence as possible. He will be using his senses of sight, hearing and smell 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
  • Disheveled or unbuttoned clothes
  • Drugs or drug paraphernalia
  • 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 smelling for:

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

You should always be courteous towards the officer. Never argue or debate with him. You will inevitably lose, and it will be used against you in a court later. Most importantly, never lie about anything. In other words, if have been drinking, don't deny it. Doing so 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 that you are impaired, he will ask that you get out of your car. While you do so, the officer will pay 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
  • cannot open the door easily
  • leave the ignition on
  • leave the car in gear
  • "stumble" getting out of the car
  • are swaying or unstable on your feet
  • use the door for support while exiting
  • lean against the vehicle
  • keep your hands on the vehicle for balance

After you have exited your car, the officer will instruct you to perform a series of so-called "field sobriety tests" including all or a combination of the following:

  • Walk and Turn
  • One Leg Stand
  • Horizontal Gaze Nystagmus (HGN) – examining your eyes while you follow a pen or finger to see if there is any jerky movements
  • Reciting the alphabet
  • Finger counting
  • Closing your eyes, leaning your head back and touching the tip of your index finger to the tip of your nose

Only the first 3 tests, the walk and turn, one leg stand, and the HGN, are considered “standardized,” and hence it is only these that recognized as reliable  indicators of intoxication.  However, it is imperative that the officer perform these tests in total compliance with the NHTSA guidelines.

Also included in the field sobriety tests is a device known as a preliminary or portable breath test (PBT). This type of breath testing device cannot be used in your trial, therefore it will not fulfill your obligation to take a breath test at the police station.  If you take the test and fail it, however, you will be arrested.


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