If you already have been stopped and arrested for a DUI in the City of Seattle, then this section is probably not going to be extremely helpful. Still, it can help illuminate why the arresting officer did what he did at the stop. Also, if you notice any discrepancies between what you read here and what happened to you, please make a note of it. That information may be helpful to your lawyer in preparing for your defense.
A DUI stop in Seattle is normally instigated by observation of a simple traffic infraction. Allegations of speeding, illegal lane travel, or equipment malfunctions are the most common reasons given as the reason for the stop. If upon contact the officer believes that the driver has been drinking, one of a few things will occur. If the officer who stopped the vehicle is a "DUI squad" officer, he will begin a DUI investigation. If he is not a DUI squad officer and one is available, it is likely that the DUI squad officer will be called in to continue the investigation. If a DUI squad officer is not available, the officer who initiated the stop will continue with the investigation. Occasionally a Washington State Patrolman will be call in if the SPD officer has too little experience with DUI processing.
Once the decision to conduct a DUI investigation has been made, the driver will be asked to step out of his vehicle. A series of "voluntary" tests will be conducted by the officer; balance and agility maneuvers know as roadside or "field sobriety" tests. "Voluntary" is in quotations because even though a person has the right to refuse these tests, it rarely feels voluntary at the time. The officer may also asked for a portable breath sample to get an idea of the driver's breath alcohol content. This too is voluntary.
If an arrest occurs (and it usually will) the driver is transported to the SPD precinct closest to the location of the stop. If the car is parked safely, it may or may not be towed. If the car is not legally parked or is not in a safe spot, it will be towed. Once at the station, the officer will review the driver's rights upon arrest (Miranda warnings) and his implied consent warnings (ICW). ICWs explain to the driver what will happen if he refuses to take a breath test or, if he does take a breath test, what the consequences might be if the results are above the legal limit. The driver will get an opportunity to contact an attorney if he so chooses. If a breath test is to be conducted, the officer will check the driver's mouth to make sure it is free of foreign material and then will keep him under direct supervision for at least 15 minutes prior to the breath test. During this waiting period, the driver may be asked a series of questions, also used to determine sobriety. If the driver has elected to take a breath test, two samples of breath will be given. It is also possible that the arresting officer will request a blood test, either as well or instead of, the breath test. After a breath test is either taken or refused, the officer has a decision to make. Does he book the driver into jail pending either the posting of bail or the first court appearance, or does he release the driver that night?
One hallmark of most SPD DUI stops is that, unlike most other jurisdictions, the vast majority of the contact between police officer and driver is on video. From the time the person is stopped, all the way until the breath test is either completed or refused, most of what occurs will be video and possibly audio recorded. This recorded evidence is extremely important as it can either confirm or refute the officer's version of what occurred.
If you have been arrested by the Seattle Police Department for DUI, contact a DUI lawyer in Seattle as soon as possible. Reviewing what happened during your arrest and DUI processing against what normally happens (or is supposed to happen) is a valuable exercise and helps to prepare for your DUI defense. For further information, contact the Seattle DUI lawyers at Milios Defense.