Page 1 Traffic Stops
Page 2 DUI Stops and Roadblocks
Page 3 Searches and Arrests
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The time to review these guidelines is not during a traffic stop. Become familiar with them before you are pulled over so that when it counts, you don’t have to think about what to do.

DUI Stops, Roadblocks or Sobriety Check Point Guidelines

What if the officer asks
if I have been drinking?

IF YOU HAVE BEEN DRINKING, DO NOT ANSWER. Even the answer “I had two beers” will provide evidence to justify further investigation. A great answer to this question is, “Why do you ask officer?” You can also tell the officer that you have been advised by your attorney never to answer questions without your attorney being present.

IF YOU HAVE NOT BEEN DRINKING, tell then officer that.

What if I’m asked to
get out of my vehicle?

Ask the officer why, but be polite and get out. Police officers have fairly broad rights to remove a driver from a car if they have reasonable suspicion that a crime (like DUI) has been committed. Remember that the officer is closely observing what you do and how you do it to gather evidence. The encounter may also be on videotape. Stand up straight, don’t lean against your car and act sober, even if you aren’t.

What if I am asked
to take roadside tests?

POLITELY REFUSE to take any roadside field sobriety tests (FSTs). The tests are difficult under any conditions, but particularly at night and in stressful circumstances along the side of the road. These tests are voluntary and are used primarily by the police to gather evidence that can lead to your arrest. AGAIN, DO NOT DO ROADSIDE TESTS.

Should I Take a Roadside Breath Test?

NO. The result of the roadside portable breath test (PBT) is not admissible at trial but it can be used by the officer in a decision to arrest you. Again, politely decline to take any breath tests other than at the police station.

I got arrested. What should I do at the police station?

MAKE NO STATEMENTS TO THE POLICE, ASK TO SPEAK TO YOUR LAWYER AND TAKE THE BREATH TEST. Any questions that the police ask are designed to collect even more evidence against you, don’t answer them. Even if the officer is nice, or says he or she is trying to help you, the officer is really gathering evidence to be used in court later. Don’t make any statements and ask to call Scott Leist at (206) 219-5557.

Should I take the breath test at the police station?

GENERALLY, YES. Not only will refusing the breath test at the station probably result in a driver’s license suspension of 1 year, it can also be admissible at trial as “consciousness of guilt.” DO TAKE THE BREATH TEST AT THE POLICE STATION.

I tested over the legal limit. Am I automatically guilty?

NO. Breath test results may be one piece of evidence against you at trial but are not conclusive proof of guilt. There are many factors to consider when planning your DUI defense, including your driving and behavior during the stop, the conduct of the police officers, the accuracy of the test and when and how it was administered.

How can I refute the breath test result?

You have the right to obtain an independent test of your breath or blood. If the officer is not able to preserve your sample (which is the case with a breath test), GO TO A MEDICAL FACILITY IMMEDIATELY AFTER YOU ARE RELEASED BY THE POLICE AND HAVE A BLOOD DRAW CONDUCTED. Not only will this test be more accurate than a breath test, the blood can be preserved and independently tested.

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