The Five Sentences to Remember
Calm, polite, and word-for-word. These protect you at every kind of stop.
- I am exercising my right to remain silent.
- I do not consent to any searches.
- I respectfully decline voluntary roadside tests.
- I want to speak with a lawyer.
- Am I free to go?
Every Stop: The Basics
When the lights come on, signal and pull over promptly in a safe, well-lit spot. Turn off the engine, roll the window down partway, and keep both hands on the wheel. At night, turn on your dome light. Slow, visible movements keep everyone calm.
What you must provide
As the driver, you must stop when signaled and hand over three things on request: your driver's license, vehicle registration, and proof of insurance.
RCW 46.61.020, .021
What you may keep to yourself
Beyond identifying yourself as the driver, you are not required to answer questions. "Do you know why I stopped you?" and "Where are you coming from?" are evidence-gathering questions. Do not just go quiet; say it out loud: "I am exercising my right to remain silent." Once you claim the right, your silence cannot be used against you.
Passengers
In Washington, passengers generally cannot be required to identify themselves or show ID just because the vehicle was stopped. Passengers may ask, "Am I free to go?"
State v. Rankin, 151 Wn.2d 689 (2004)
Vehicle searches
Washington's constitution protects your car more strongly than federal law. Police generally need a warrant or a narrow exception to search. Never consent. Say clearly, "I do not consent to any searches," and never physically resist. Let your lawyer challenge it later.
Const. art. I, § 7; State v. Snapp, 174 Wn.2d 177 (2012)
Recording the stop
You may record officers performing their public duties. Keep the phone visible, don't interfere, and follow lawful safety commands (like keeping your hands in view).
State v. Flora, 68 Wn. App. 802 (1992)
Sign the ticket
Signing an infraction or a criminal citation is not an admission of guilt. It's a promise to respond. Argue in court, never at the roadside.
If DUI Is Suspected
"How much have you had to drink tonight?" You are not required to answer, and not answering helps you.
Field sobriety tests are voluntary
The eye-tracking test, walk-and-turn, and one-leg stand are voluntary in Washington. They are graded to be failed and exist to build the case against you. You may politely decline, and declining carries no license penalty.
The roadside breath test is voluntary
The handheld breath device at the roadside (the "PBT") is also voluntary for drivers 21 and over, and refusing it does not suspend your license. Its main job is to justify your arrest.
Roadside saliva tests (new for 2026)
Washington now allows voluntary roadside oral-fluid (saliva) screening for drugs. It is voluntary, you may refuse without penalty, and results are not admissible against you in court.
The station breath test is required
After a lawful DUI arrest, Washington's implied-consent law applies to the evidentiary breath test at the station. Refusing that test triggers a license revocation of at least one year, and the refusal can be used against you at trial. Do not decide alone. Ask to speak with a lawyer first.
RCW 46.20.308
Blood tests need a warrant
With narrow exceptions, police must get a search warrant before drawing your blood. If they have a warrant, do not physically resist the draw.
Your own test
After testing, you have the right to arrange additional independent testing by a qualified person of your choosing.
RCW 46.61.506
If You Are Arrested
Ask for a lawyer, immediately
In Washington you have the right to talk to a lawyer before deciding whether to take the breath test. If you cannot afford one, you may speak with a public defender by phone, free, at any hour. Say it plainly: "I want to speak with a lawyer."
CrR 3.1 / CrRLJ 3.1
Then stay silent
No timelines, no explanations, no "just two beers." Anything you say, including in the back of the patrol car and on jail phones, is likely being recorded.
Cooperate physically
Never resist, argue, or bargain at the scene. The only fight worth having happens in court, with counsel.
Write everything down
As soon as you're released, make private notes for your lawyer, never for the police: where you were stopped, what was said, what you ate and drank, timing, witnesses, medical conditions. Details fade fast, and details win cases.
You can likely keep driving, for now
An arrest does not suspend your license that day. The suspension starts about 30 days later, unless you win the DOL hearing, and an ignition interlock license can usually keep you driving legally even during a suspension. Ask your lawyer about both.