The Arrest

Once the field sobriety tests are concluded, the police officer will most likely ask the defendant to perform a roadside breath test.  The State of Washington calls this the Preliminary Breath Test [PBT].  Washington Administrative Code 448-15.  This breath test is strictly VOLUNTARY.  There are no legal consequences for the criminal court proceeding by refusing to participate in providing a breath sample for this hand held breath device [Alcosensor III].  The lawyers of Berner Law Group, PLLC advise defendants to decline this test.  Please contact our lawyers for further information.

Alcosensor III

Do not confuse the hand held breath machine with The DataMaster or DataMaster CDM machines.

The DataMaster

DataMaster CDM

The officer will then consider the defendant’s driving, initial observations, any voluntary statements, the field sobriety test results, and the PBT test results.  The officer makes a decision to arrest based upon all of the evidence.  Most likely the defendant will be handcuffed and placed into the officer’s patrol unit.  Once the police officer places the defendant in custody the defendant should remain SILENT.  This means the defendant should not answer any questions or make any statements.  However, you must be cooperative and should provide your name, address, and date of birth.  The defendant should also request to speak with an attorney as soon as they are arrested.