Criminal Defense: DUI

If you are stopped for suspected DUI, the law enforcement officer may:

  • ask if you have consumed any alcohol or drug-related substances.
  • ask you to take a field sobriety test.
  • ask you to submit to a breath test. If you blood alcohol content is .08 or higher, you may be cited and taken to jail. You also may request to have a blood test.

If DUI is suspected, the amount of alcohol in the driver’s blood is measured by a breath or blood test. The driver will be cited for DUI if the results are:

  • .08 or higher for adults
  • .02 or higher for minors (under 21)

If you are stopped for a DUI by an officer:

  • You are not required to answer potentially incriminating questions.
  • Be polite. You can say, “I would like to speak with a lawyer before answering questions.”
  • Field Sobriety (coordination) tests are VOLUNTARY.
  • Submitting to a Portable breath test is VOLUNTARY.
  • Breath test at police station – If you refuse, your driver’s license can be suspended for a minimum of 1 year. Prior DUI’s can increase the revocation to 2 years.

If you refuse to take the test, your license will be revoked. When you operate a motor vehicle in Washington State, you automatically give consent to have your breath or blood tested if a law enforcement officer believes you have been driving under the influence of alcohol or drugs.

A person drives under the influence of alcohol or a drug if such a person drives a vehicle in Washington State with a blood alcohol level of 0.08 or greater within two hours after driving or if the person’s driving is impaired from the consumption of alcohol or the taking of a drug.