An excerpt from the book, “The DUI Handbook for the Accused.” (Published by Outskirts Press in 2007. Author: David N. Jolly)
For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/
EVIDENCE
Evidence in driving under the influence cases generally fall into five categories; driving observations, subjective observations, field sobriety tests, driver statements, and a breath or blood test.
The first category consists of “driving observations.” Unless there is accident, which clearly would attract the notice of the police, driving symptoms are what usually first draws the attention of the police.
The second category of evidence is “subjective observations” made by the police officer. These include the odor of alcohol on the breath, bloodshot eyes, flushed face, slurred speech, fumbling with a driver’s license, leaning on the car for support, unsteady walking, difficulty following directions, and so on.
The third category of DUI evidence are the field sobriety tests (FSTs). There are only three standardized FSTs that are recognized as more accurate and reliable indicators of intoxication. These three include the horizontal gaze nystagmus (following an object like a pen or finger from side-to-side with your eyes), the walk-and-turn test, and the one-leg-stand.
Most police agencies utilize a portable roadside breath-testing device as an additional field sobriety test. These PBT devices, while old and largely unreliable, are supposed to be used only to aid the officer in making a decision whether to arrest you after he has given the other field sobriety tests. All FSTs are voluntary and you may refuse to take them with no legal consequences.
The fourth category of evidence involves statements (or admissions), made either spontaneously or in response to police questions. It is important to remember that you are not required to answer any questions at any time.
The fifth, and final type of DUI evidence is the chemical test. In Washington State, this involves a choice of breath test or blood test. There is no urine test used in this state, although it is still used in some states.
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