Traffic Stops in Washington: Know Your Rights

Getting pulled over is always stressful. The confusion and fear can be overwhelming if it ends in an arrest. Once the dust settles, many people start asking questions:

  • Was the stop legal?
  • Did the officer follow proper procedure?
  • Is there evidence against me, and if so, can it be challenged?

The truth is that understanding how police conduct traffic stops can be the key to your defense.

questioned by police

Did the Officer Have a Legal Reason to Stop You?

In Washington State, a police officer must have reasonable suspicion to stop your vehicle. This means they must observe a violation—no matter how minor—or have a specific reason to believe a crime is beaing committed.

Common Reasons for Traffic Stops:

  • Speeding or driving erratically
  • Weaving between lanes or failing to signal
  • Expired registration or a broken taillight
  • Rolling through a stop sign or red light
  • Reports from other drivers about reckless driving

Even minor infractions, like a burned-out license plate light, can legally justify a stop. Howesupposer, if there was no valid reason for pulling you. In that case, your attorney may be able to challenge the legality of the stop—and potentially suppress any evidence gathered if used against you afterward.

What Happens During the Stop?

The single most important thing to understand as you are being pulled over: From the moment an officer approaches your vehicle, they are gathering evidence against you. It is what they are trained to do.

What Officers Look, Listen, and Smell For:

  • Visual: Bloodshot eyes, flushed face, unsteady movements
  • Auditory: Slurred speech, inconsistent answers, nervousness
  • Smell: Alcohol, marijuana, or even gum and breath mints (which may be seen as an attempt to cover up alcohol)

If an officer suspects any impairment, they will likely ask you to step out of your vehicle for field sobriety tests or a breathalyzer test.

Field Sobriety Tests: Should You Take Them?

Field sobriety tests (FSTs) are not required by law and are highly subjective. You have the right to refuse them.

Common Field Sobriety Tests:

  • One-Leg Stand: Balancing on one foot for 30 seconds
  • Heel-to-Toe Walk: Walking in a straight line, then turning
  • Horizontal Gaze Nystagmus (HGN): Following a penlight with your eyes

Why These Tests Are Problematic:

  • Even sober people fail due to fatigue, balance issues, or nervousness
  • Most officers do not know how to administer and evaluate the tests in the way they were trained (really).
  • Weather, road conditions, and even your footwear can affect results

If you refuse, the officer may still arrest you, but they’ll have less evidence to use against you later.

Breath Tests: Portable vs. Official Station Tests

If an officer suspects you of DUI, they may ask you to take a breath test. There are two kinds, and it’s critical to understand the difference.

  • Portable Breath Test (PBT): A handheld device is used at the roadside. You can refuse this test without penalty.
  • Official Breath Test (Draeger Alcotest 9510): Conducted at the police station. Refusing this test results in automatic license suspension. In other words, you must take it.

Breath Test Inaccuracies & Legal Challenges

At this point, it should not be surprising to find that there are many issues with breath tests:

  • Medical Conditions: Acid reflux, diabetes, or asthma can trigger false positives
  • Improper Calibration: Machines require regular maintenance
  • Human Error: Officers may administer the test incorrectly
  • It's a "black box test": The machines are made by a huge multinational company that has gone to great lengths to make sure no one knows exactly how the software operates.

An experienced DUI attorney can challenge the validity of breath test results by examining machine records, officer training, and procedural errors.

What You Should Do During & After a Traffic Stop

How you handle yourself can make a significant difference in your case if you are pulled over.

During the Stop:

  • Stay Calm: Breathe, Keep your hands visible, and avoid sudden movements
  • Be Polite: Arguing will only escalate the situation
  • Exercise Your Rights: You do not have to answer incriminating questions. Simply say:
    • "I would like to speak to a lawyer,"
  • Think Before You Act: If you’ve had any alcohol, consider refusing field sobriety tests. While it's true that the government can argue you refused because you thought you'd fail, that's generally better than actually failing the tests.

After the Arrest:

  • Call an Attorney Immediately: Do not wait. Time is critical in building a strong defense
  • Document Everything: Write down what the officer said and did during the stop and do it as soon as possible
  • Request a DOL Hearing: You have a limited time to fight a license suspension – seven days, in fact

How Knauss Law Can Help

At Knauss Law, we know that police officers don’t always get it right. We take a comprehensive and aggressive approach to defending DUI and traffic-related charges, including:

  • Challenging the Legality of the Stop: Did the officer have reasonable suspicion?
  • Disputing Field Sobriety Tests: Were they appropriately administered? Were they interpreted correctly? What does the dashcam show?
  • Questioning Breath Test Accuracy: Was the machine calibrated? Were proper protocols followed?
  • Uncovering Police Errors: Procedural mistakes, confirmation bias, or violations of your rights

Our goal is to get your charges reduced, dismissed, or mitigated to the fullest extent possible.

Take Control of Your Defense – Contact Knauss Law Today

An arrest does not mean you are guilty—it means the state must prove its case. If you’ve been charged with DUI or another crime after a traffic stop, don’t wait.

Contact Knauss Law today to protect your rights, your freedom, and your future.