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"What to do during a DUI arrest."
I'm Kris Jensen of Jensen Legal.
I have handled criminal defense cases including DUI cases over the last twenty years.
A person will ask me what to do during a DUI arrest.
The answer is usually pretty simple ...full of a lot of complexity.
A DUI arrest can typically happen on the highway
and will be the product of a speeding violation or crossing the lines without signaling.
Or it can be part of a bad traffic accident.
The police officer who then encounters you will be looking for signs of intoxication
and asking certain questions.
The only thing that you are required to do when the police officer approaches you
is produce your driver's license, your registration
and your proof of insurance. You don't have to answer a whole array of questions.
The police will oftentimes to ask you to submit to what we call the field sobriety tests.
Which are agility tests that determine
what type of physical abilities you do or don't have at that time.
They can include the touching your nose with your finger, the alphabet test
or walking the line.
You simply don't have to do these tests and you can quietly refuse to do them at the time.
Under the Implied Consent laws of the State of Washington, if a police officer has probable
cause to suspect that you're driving was affected by the alcohol consumption
you can be required to take a breath test.
Typically that's at a mobile command post or down at the police station.
If you don't take the test,
your license can be suspended for a year.
So typically, any DUI attorney will tell you to take the test
and not answer other questions.
Other questions may include interview questions such as;
"Where have you been?"
"How long have you been there?"
"How many drinks have you had?"
"Have you had any medications?", "Do you have any physical disabilities?"
Again, don't have to answer any of these questions.
You can calmly and politely assert your 5th Amendment to remain silent.
After you are done with the whole police encounter
and the arrest procedures, you should contact a good attorney.
Thank you.