Know Your Rights

Understanding your rights is the first step in protecting yourself during a DUI case in Washington State.

If You Are Stopped

Right to decline questions

You must provide identification, but you have the right to decline to answer questions beyond basic identifying information. You do not have to answer questions about where you were, what you drank, or where you are going.

Right to refuse field sobriety tests

Field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) are VOLUNTARY. You can politely decline. These tests are designed to build evidence against you.

Right to refuse the portable breath test

The portable/preliminary breath test (PBT) administered roadside is voluntary. Results are generally not admissible in court. This is different from the official breath test at the station.

Right to refuse vehicle search

You can refuse consent to search your vehicle. Police may still search under certain circumstances (plain view, incident to arrest, inventory), but you should never voluntarily consent.

If You Are Arrested

Right to speak with an attorney

Before deciding whether to take the official breath or blood test at the station, you have the right to speak with an attorney. Exercise this right. Call us at (206) 467-3190 — we answer 24/7.

Right to an independent test

You have the right to an additional, independent test by a qualified person of your own choosing. This can provide valuable evidence for your defense.

About the Official Breath Test

The official breath test at the station (BAC Datamaster) is different from the roadside portable test. Under Washington's implied consent law, refusing this test can result in an automatic license suspension — often longer than if you had taken it. However, refusing means less evidence against you in court. This is exactly why you should call an attorney before deciding.

If You Are Charged

Right to receive notice of charges and potential penalties
Right to plead not guilty at arraignment
Right to an attorney (or to represent yourself)
Right to a speedy and public trial by jury
Right to be presumed innocent until proven guilty
Right to conviction only by proof beyond a reasonable doubt
Right to confront and cross-examine witnesses
Right to call witnesses on your own behalf
Right to testify or remain silent (silence cannot be used against you)
Right to appeal a conviction

DUI cases use a 6-person jury. Speedy trial rights:

90
days (out of custody)
60
days (in custody)

Protect Your Rights Now

The best way to protect your rights is to have an experienced DUI attorney on your side. Call us for a free, confidential consultation.

Call (206) 467-3190 — Free Consultation