Sobriety tests - is probably cause required to take the test.

DUI - DWI: I was arrested for a DUI 11/03/08 in Kirkland, WA. The officers stated he pulled me over for aggressive driving but didn't issue a moving violation.

I made the mistake of agreeing to a sobriety test and when asked if I was drinking said no, I stated to the officer that i have a personality disorder and need to take seroquel. I declined to take a breathalyzer and requested to provide a blood sample.

The officer impounded my vehicle and took me to the police station where they convinced me to provide a breath test, after having me speak to a lawyer they called on the jail phone.

i blew .177 at 4:01am and .184 at 4:03am which seems extremley wrong.

Doesnt the officer need to provide probable cause to pull me over? i never got a police report? what are my next steps.

Answers (4)

Aaron A Pelley

Aaron A Pelley

Contributor Level 6
The officer does need probable cause to pull you over. He will likely provide in his police report that your aggressive driving was the reason for the stop. You are not given a police report and often you will get nothing else, other than a notice of your arraignment date (to appear in court). Your attorney will have the police report, once he/she has filed a notice of appearance. With regards to next steps, it is advisable to speak with a DUI lawyer. There are two issues you now face. The first, is the criminal prosecution. The second is the administrative action by the Dept of Licensing for suspension of your license. Find out more by talking to an attorney. Many lawyers provide free initial consultations.
Jonathan Dichter

Jonathan Dichter

Contributor Level 5
Generally speaking an officer needs what is called reasonable articulable suspicion to pull you over, and to expand that stop into field sobriety testing. He needs probable cause only to ARREST you. They are not required to issue that moving violation, nor to give you a copy of the police report. The best way to get one is to hire a lawyer and let them discuss it with you.

You have no right to a blood test instead of a breath test under the law, however, if you wish to have a SEPERATE blood test done at your own expense, the officers cannot interfere.

Your next step - and your best step - is to consult an attorney who is familiar with DUI and Kirkland. Our office provides free consultation, and I'd be happy to sit down with you and discuss your case in detail.

Call me today to set up your appointment!
Theodore J. Perlick-Molinari

Theodore J. Perlick-Molinari

Contributor Level 4
In most states an officer needs reasonable suspicion to pull you over. That can be any traffic violation. He can even pull you over for weaving in your own lane if there are other "suspicious factors" involved. It is a very low standard.

You should immediately make an open records request for your police reports regarding the incident. This will help an attorney give you an idea as to what kind of case you have.
Steven H. Fagan

Steven H. Fagan

Contributor Level 4
Once your officer observes any traffic violation (and in many states, even an equipment violation) he or she can effect a traffic enforcement stop. If you've performed field sobriety testing, and especially if you submitted to chemical or breath testing, you need the most experienced DUI attorney you can get, and I recommend you contact the National College of DUI Defense to help find a local attorney who has the requisite knowledge to help you. I've included the link below. That attorney will obtain police reports and more, and start asking the real question: did the officer properly administer those tests to begin with.

Next question: child support

Previous question: bankruptcy chapter 7.