Driver's Rights Card
As required by Washington law, I am herewith tendering my driver's license, registration and proof of insurance. They are in proper order and I have committed no crime or traffic violation. I therefore hereby request that all my documents (including my license) by returned to me and that I be permitted to leave immediately. If you have any doubt about my ability to operate my vehicle, I will be glad to leave my car here and have a cab pick me up. Unless you return these items to me and advise me that I can leave with my license and other documents and in my vehicle, I must assume this is more than a brief traffic stop, that my liberty is restrained, that I am under arrest, and that I must obey your orders without resistance, but I do so under coercion and protest.
I do not wish to answer any questions or make any statements at this time. I am exercising my right to remain silent. (U.S. Const. 5th Amendment) I request that my attorney be present during any questioning or proceedings against me (including voluntary field sobriety exercises) and that I be permitted to contact my attorney at the earliest possible time, as permitted by the Washington and United States constitutional law. I have the name and telephone number with me at this time and would like to call immediately.
Washington law does not require me to submit to any verbal or non-verbal field sobriety evaluations, including reciting the alphabet, the horizontal gave nystagmus evaluation, hand held breath testing device, the walk-and-turn, one leg stand or other such exercises. I know that these are SUBJECTIVELY GRADED evaluations, designed for me to fail. 1, therefore, choose not to participate in any such so-called field sobriety evaluations. If you ignore my constitutional and statutory rights under this card and verbally coerce me into taking any such evaluations by telling me that my refusal can be used against me in court, I am not performing any such exercises willfully and voluntarily, but I am doing so to avoid a confrontation with you, an armed law enforcement officer who has the ability and legal sanction to use deadly force.
In compliance with the requirements of Washington's Consent Law and the Washington Constitution, I refuse breath or blood testing until I am given a reasonable opportunity to contact my attorney, I will submit a test of my breath, blood, or other bodily substances which you may designate, provided the test I am offered is properly done in strict compliance with all regulatory and statutory provisions and by a person certified to give the test. However, since I maintain that you do not have reasonable or legally sufficient cause to make this request for a chemical sobriety test, my consent is given under protest and is in no way voluntary. Furthermore, I do not waive any deficiencies in the advisements you are or may give me, or in the procedures that you follow. I wish to be given a copy of the Implied Consent rights that you read to me. Any consent by me to take a chemical sobriety test is given only for devices which are operated with all electronic and operating components prescribed by the machine's manufacturer properly attached and in good working order and where all pre-testing protocol and recommended observation periods are precisely followed. Otherwise, the consent is NOT voluntarily given. I request that I be provided with full information concerning your test including a written copy of any report of the results of your test. If it is used, I wish to view any digital or numerical readout on the breath machine, pursuant to my constitutional rights to confront witnesses and evidence against me. I also desire to have an independent analysis made of any chemical tests taken by the State of my blood, breath or urine, and hereby demand that a sufficient sample of my blood, breath or urine be collected and properly sealed, and immediately refrigerated in a locked and secure refrigerator to prevent deterioration of the sample so as to permit re-analysis to be accomplished at a later date. Please honor this request for preservation of a sample by selecting a machine or type of treat that can preserve a sample. In addition, if a breath machine is used I request two samples of my breath be analyzed, at least 2 minutes apart but no more than 5 minutes apart, and a calibration check be made on the breath machine to determine if its calibration is sufficiently accurate; (preferably against a known-strength alcohol reference sample in a wet-bath simulator, if not that, then against a dry gas standard) preferably done between the two breath tests.
After the administration of your test, I hereby request that I thereupon be transported to the nearest available private medical facility which will conduct independent testing. If feasible, I will select and utilize my own physician or medical provider to administer my independent test(s). I will make my own financial arrangements upon arrival at the selected facility, will select the type of test I want and I specifically request immediate access to a phone and phone directory to arrange this. This request should not be considered withdrawn or waived even if I take one or more additional breath tests.
I also hereby request that I be taken to the nearest law enforcement agency (which is not affiliated with your agency) that possesses an approved BAC Datamaster so that I may be given an independent breath tests by an officer other than you or someone employed by your police department. I will pay for this test if there is a charge for conducting it. Any and all tests selected by me (both breath and blood) are being done as work product for my attorney, and they are confidential, as guaranteed by the attorney-client privilege and pursuant to my constitutional right to gather evidence in my defense. I do not consent to any independent sample being divided or collected for use by the State, nor do I consent to copies of test results being given to anyone except me or my attorney. Please be advised that I want the independent breath test regardless of whether I receive an independent blood test.
I object (and do not consent) to a search of my person, my motor vehicle or any of my other property. Unless I give you written authorization to search my vehicle (for "inventory" or any other purpose) and arrange for impound of my vehicle. I wish for my vehicle to remain at its present location, locked. with a note explaining that it will be removed as soon as possible. and I will arrange for a private two of the vehicle as soon as I am provided access to a phone through your instructions.
I also demand that I be videotaped by use of police video equipment, both at the roadside and at the police station, and that all such tapes be preserved for my later use at court so that the jury will be able to objectively determine my state of sobriety. Should video equipment not be available at the roadside, I request that an audio tape be used to record any verbal statements made during this event. Officer, this document constitutes an official notification of my exercise of my legal rights that should be retained for your records.
IF YOU ARE STOPPED BY THE POLICE TONIGHT, WILL YOU KNOW YOUR LEGAL RIGHTS?
Most people believe that they are guaranteed the right to call an attorney for advice. WRONG. Most people believe that they can talk the officer into letting them go. NOT ANY MORE. Many people believe that by submitting to roadside sobriety evaluations they will be able to convince the police not to arrest them. NOT SO, BECAUSE STUDIES HOW THAT UP TO 40% OF PERSONS WHO ARE COMPLETELY SOBER HAVE BEEN ALLEGED TO HAVE "FAILED" THESE HIGHLY SUBJECTIVE EVALUATIONS. Moreover, since these evaluations are 100% optional, why attempt to do tests that can be erroneously "graded" nearly 50% of the time? From watching TV police stories, many people erroneously believe that police can automatically search your vehicle. NOT WITHOUT YOUR PERMISSION, unless the officer has reasonable cause to believe that a crime is being committed or is about to be committed. ANY TIME YOU ARE STOPPED BY A POLICE OFFICER, AND QUESTIONING GOES BEYOND THE MINIMUM INFORMATION NEEDED TO ISSUE A TRAFFIC CITATION, YOU SHOULD CONSIDER HANDING THE CARD TO THE OFFICER AND REMAINING SILENT. Let the card speak for you. Don't read it to the officer. These cards won't prevent a suspected drunk driver from being arrested, so don't expect the card to do anything EXCEPT accurately assert your rights. You can and should be cooperative with the officer. However, he or she should NOT try to compel you to talk, and should not verbally coerce you into performing voluntary evaluations.
NOTICE AND DISCLAIMER-The attached Driver's Rights card is intended to help educate members of the Washington motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. It is not indented to aid drunk drivers in evading punishment.