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/
The DUI Stop
The officer must have a valid reason to stop and detain you. All citizens in this country have the right to travel free of unjustified police interference. Random stops of drivers by police are illegal and police stops based upon a hunch are also illegal. A roadblock is considered a random stop and is not permitted in Washington, although roadblocks are permitted in many other states and Canada. Importantly, if the officer has no legal basis to stop you the evidence he gathers following the stop must be suppressed and your case dismissed.
Preceding the stop it is not necessary that the officer observe a driver actually “driving under the influence” or even driving that is “typical” of such an offense (weaving all over the road). In fact many people who are stopped and subsequently arrested for a DUI were stopped for other reasons such as having a tail light out, driving with no lights on at night, or expired registration. Police are trained and encouraged to look for certain driving mannerisms that might indicate a chance that the driver is driving under the influence. The National Highway Traffic Safety Administration (NHTSA) has produced a pocket-size booklet intended primarily for law enforcement entitled Guide for Detecting Drunk Drivers at Night, DOT HS-805-711 (available free of charge from NHTSA, Administrative Operations Division, Room 4423, 400 Seventh Street, N.W., Washington, DC 20590).
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