Many Washington State DUI arrests occur after a police stop for only a minor traffic infraction (speeding, failing to signal turn, improper lane change, etc.). After identifying the driver, and checking the driver license, vehicle registration, car insurance, and for arrest warrants, the driver must be released after issuance of the traffic ticket. Any further detention is unlawful under RCW 46.61.021 (2).
A driver can be further detained and ordered out of the car only if the officer has a reasonable suspicion of criminal activity, such as DUI driving. However officers sometimes detain drivers and order them out of the car without ever detecting any odor of alcohol on the driver or any other signs of intoxication. Instead, it’s done solely upon the driver admitting to drinking earlier. Such extended detentions are usually unlawful and can result in later court dismissals of the DUI charges.
Call Lynnwood DUI lawyer Paul Hanson for more information on challenging unlawful extended detentions in DUI cases. Call (425) 778-7339.