Getting pulled over is stressful under any circumstances. If an officer suspects you've been drinking, the next few minutes can significantly shape what happens to your case. Most people don't know their rights in this situation, and the decisions you make at the roadside matter more than you might think.

Here's a practical breakdown of what to do and what to avoid during and after a DUI stop in Washington.

Stay Calm and Be Polite

This isn't just good advice, it's strategic. Officers are human beings, and how you interact with them affects their report. That report becomes part of your case. Being belligerent, argumentative, or uncooperative doesn't help you; it just gives the officer more to write about.

Pull over promptly, keep your hands visible, and have your license and registration ready. You can be respectful without giving anything away.

You Have the Right to Remain Silent

Beyond identifying yourself (name, license, registration, insurance), you are not legally required to answer questions. "Have you been drinking tonight?" "Where are you coming from?" "How many drinks did you have?"

You don't have to answer any of those. A polite "I'd prefer not to answer questions without my attorney present" is your right. Anything you say will be in the police report and can be used against you. Even statements that seem innocent, "I only had two beers", can hurt you later.

Field Sobriety Tests Are Voluntary in Washington

This surprises a lot of people. In Washington, you are not legally required to perform standardized field sobriety tests (FSTs), the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test. You can decline.

That said, declining isn't consequence-free. The officer may note the refusal in their report. But consider the alternative: FSTs are subjective, and you can "fail" them while completely sober due to nerves, footwear, medical conditions, or uneven pavement. In many cases, declining is the smarter move.

The Breath Test Is a Different Story

Once you are lawfully arrested for DUI, Washington's implied consent law kicks in. By driving on Washington roads, you've already consented to a breath or blood test if you're arrested. Refusing after arrest carries automatic consequences: a one-year license suspension, and the refusal itself can be introduced as evidence at trial.

This is different from the portable breath test (PBT) officers sometimes offer roadside before arrest, that one is also voluntary.

Don't Try to "Talk Your Way Out of It"

I've seen clients hurt their own cases by over-explaining. Telling the officer you're tired, that you were just drinking earlier, or that you only had a couple drinks doesn't help. It gives the prosecution ammunition. Stay quiet. Polite silence is not guilt.

After You're Released: Contact an Attorney Immediately

Washington DUI cases move quickly. There are DOL hearing deadlines (you typically have 20 days from arrest to request a hearing to contest your license suspension), court appearance dates, and discovery timelines. The sooner you have an attorney involved, the better positioned you are.

Don't assume a first offense will just go away on its own, or that you should wait to see what happens. Early intervention matters.

If you were arrested for DUI in Yakima or Kittitas County, call my office right away for a free consultation: (509) 293-7593.

Tony Swartz is a DUI defense attorney based in Ellensburg, WA, serving Kittitas and Yakima Counties.