Legal Question in DUI Law in Washington

Fuel assist - DUI arrest

I was sitting, out of fuel on the shoulder of the freeway when an officer pulled up and offered to assist me. After chatting for quite some time, he asked if i had been drinking. I was tested and arrested. My question...Did he have cause if he never witnessed me driving?


Asked on 7/25/06, 6:20 am

1 Answer from Attorneys

Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Fuel assist - DUI arrest

That depends. Were you sitting in your vehicle behind the wheel with the keys in the ignition? During the course of your "chat" with the officer, did you admit you had been driving? The officer's ability to arrest you depends upon his conversation with you which is not governed by the requirements of Miranda. Therefore, if he smelled alcohol on your breath, he was put on notice that you might be a DUI driver who was too intoxicated to notice that you were low on fuel when you left your departure point. These matters are never simple to untangle and need to be examined closely. Did you request your hearing within 30 days to prevent an automatic suspension of your license? Whatever the case, you really can't get through this process with a DUI lawyer. You need to get a good lawyer with experience who is versed in DUI law to defend you. Call me at 425.501.8889 if you wish to discuss your case. Good Luck!

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Answered on 7/25/06, 9:30 am


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