DUI Arrests in Clark County, Washington

Was Your Arrest Actually Lawful?

A DUI arrest is not just a formality. It is a legal decision an officer has to justify, and it has to meet a specific standard called probable cause. That means a judge has to agree there was enough evidence that a reasonable officer would believe, more likely than not, that a crime had been committed. If that standard was not met, everything that came after the arrest, a search, a confession, a breath test, can potentially be thrown out. Probable cause is a lower bar than what is needed to convict at trial, so if police did not have enough to justify the arrest, they usually do not have enough to convict either.

Were You Read Your Rights?

Police are required to read you Miranda warnings after an arrest and before questioning. Most people have heard these words on television, but few understand what they are actually protecting. In Miranda v. Arizona, the Supreme Court ruled that police interrogations are inherently coercive, which is why officers have to clearly explain your right to remain silent and your right to an attorney before asking you anything. Here is what most people do not realize: officers are not on your side during this moment. They are trained to keep a neutral, sometimes intimidating demeanor specifically to discourage you from asking follow-up questions or exercising your rights. The moment you invoke your right to remain silent or ask for an attorney, questioning has to stop immediately. There is rarely a good reason to keep talking once you understand that.

What This Means for Your Case

Almost everyone we meet with talked to police more than they should have. Very few people invoke their right to an attorney until it is too late. Once you understand how much weight your own words can carry in a case, you start to see why staying quiet and calling a lawyer first is almost always the better move, guilty or not. If your arrest involved a probable cause problem, a Miranda violation, or both, that can be the foundation of a strong defense before the case ever gets to trial.

Understanding Your Rights Under Miranda

Cops usually read you the Miranda warnings quickly from a printed card. Rarely will a cop give you more information than he has to by law. Furthermore, police are professionally trained to maintain a cold demeanor towards you to dissuade you from asking follow-up questions. In fact, cops often give the impression, through their demeanor, that "it would be a bad idea" to refuse to answer their questions. To be fair, cops are not in the business of being your buddy. They aren't there to give you advice and they certainly aren't paid to help you avoid a conviction. They get job security by making sure that you get convicted of the crime they arrest you for. So, don't expect the police to make it easy on you. The police want to read you the Miranda card and quickly get on with the interrogation. You can expect the typical Miranda warnings to go something like this:

The "Buddy Cop" Miranda Warnings

Now imagine an entirely different type of cop. One who isn't concerned with getting you convicted, but one who is most concerned with preserving your civil liberties. The Buddy Cop might take time to explain your Miranda rights in a manner that sells you on the virtues of exercising your constitutional rights. In a fantasy world like this, the Miranda warnings might go something like this: I am going to try to get you to confess to me that committed a crime so I can testify against you later in court. You don't have to answer any questions or even talk to me. If you simply say "I don't want to answer any questions", I'll immediately stop asking you questions. If you want to talk to an attorney before deciding, I'll leave you alone until you have that opportunity. If you simply say "I want an attorney", I'll immediately stop asking you questions. You can't get into trouble for not answering my questions, so there is really no downside to keeping quiet.

Respectfully Request Your Right To A Lawyer During A DUI Arrest

Don't hold your breath waiting to meet cop number two. Nevertheless, both statements are correct under the law. The sooner you realize that the second statement is the better way to think about your rights, the better you'll be. Hopefully, you are never in a position to need to exercise your rights under Miranda. However, as a professional criminal defense attorney, I can tell you that there is almost no reason to answer police questions, whether you are guilty or not. I see hundreds of cases a year, and almost no one exercises their right to remain silent. And even fewer exercise their right to an attorney until it is too late. Once you understand that your constitutional rights are sacred, you might not be so quick to give them up just because a police officer asks you to.