Challenging the advisement you got
You may be familiar with Miranda warnings from watching police shows on television. Those warnings are particularly important in the context of a DUI arrest. These rights were probably read to you at the time of your arrest from a small pocket sized card and then again at the police station from a form used by almost all of the Washington police agencies called an Alcohol Influence Report.

Miranda warnings were originally designed to protect you from coercive interrogation by the police. In this sense, the warnings are meant to protect your right to remain silent. Before any statements that you may have given in response to police questioning can be used against you in court, the prosecution must show that you were advised of the Miranda warnings and that you voluntarily waived your rights. Most people choose to waive their right to remain silent in an effort to be cooperative with the police. While it is certainly important to treat the arresting officer with respect, the truth is that the officer is asking you questions in an effort to gather more evidence to incriminate you. The law gives you the right not to answer questions and your silence cannot be used against you as evidence of "consciousness of guilt." It makes sense to exercise this right.

One common misperception about Miranda warnings is that your case will be dismissed if the officer fails to read them to you. In the context of your right to remain silent, a failure to advise you of your Miranda warnings prior to custodial interrogation or a violation of the Miranda rule in general will not stop the prosecutor from the ability to pursue your case but will prevent him from being able to use your statements in court.

Perhaps the most important function of Miranda warnings in the DUI context is to advise you of your right of access to an attorney. The Washington Supreme Court has promulgated a court rule that requires the arresting officer to advise you that you have the right to consult with an attorney immediately upon arrest and before you are asked to make any decision about taking the breath test. If the officer violates this rule, a subsequent breath test, or refusal to take a breath test, cannot be used against you in court. Given the complexities involved with today's DUI laws, it is a very good idea exercise this right as well.