criminal defense attorney Tag Archives

Police Said You’re “Not Under Arrest”—But Were You Actually in Custody?

February 22, 2026 | by Blair & Kim, PLLC

When police tell you that you’re “not under arrest” before questioning you, that statement does not automatically mean you’re free to leave. In State v. Magana-Arevalo, No. 103586-1 (Wash. Jan. 15, 2026), the Washington Supreme Court held that whether a suspect is in custody for Miranda purposes depends on the totality of the circumstances—not on a single officer’s claim that the suspect is free to go. The court also clarified the test for constitutional harmless error and reaffirmed that a suspect’s race and ethnicity are relevant factors in the custody analysis. If you are facing criminal charges in the Seattle area, this decision may affect whether statements you made to police can be used against you.

What Happened in State v. Magana-Arevalo?

On December 1, 2018, at approximately 6:00 a.m., Renton police and a SWAT team arrived at Cristian Magaña Arévalo’s partner’s apartment. Officers used a bullhorn to order everyone out, separated Magaña Arévalo from his partner and young child, zip-tied his wrists behind his back, placed him in a patrol car, and drove him to a staging area in a grocery store parking lot surrounded by law enforcement vehicles and officers.

Once there, a detective removed the zip ties and told Magaña Arévalo he was “not under arrest and was free to leave at any time.” The detective then questioned him in the back of an unmarked work truck while another armed detective sat in the front seat. No Miranda warnings were given. Two days later, on December 3, a detective went to his home for a follow-up interview—again without Miranda warnings. The trial court admitted all of these statements into evidence.

Ignition Interlock Device

August 14, 2013 | by Blair & Kim, PLLC

When you are accused of driving under the influence of alcohol, a conviction can mean you lose your ability to drive due to a license suspension or revocation. Depending on the situation, the length of time for which you are unable to drive can vary. In order to regain your license, you may have the option of having an Ignition Interlock Driver License. This means you will be able to drive, but only with an ignition interlock device installed in your car. It will require you to breathe into it, at which point it will assess the level of alcohol that is on your breath in order to start. If alcohol is found on your breath then the car won’t start. It may also require rolling tests, where it requires you to breathe into the device even after you have been driving. Not everyone is eligible to file, and in order to seek this option the following circumstances must be true of your situation.

You are a resident of the state
Your license is not expired
You are accused of:
Vehicular Homicide that involved alcohol or drugs
Reckless Driving
Vehicular Assault with the use of alcohol or drugs
DUI or Physical Control
The suspension or revocation does not include a minor in possession or Habitual Traffic Offender.

In order to apply for the program you will have to have the device installed in your vehicle and the company that does the installation will need to let the Washington State Department of Licensing know. You will need proof of financial responsibility and this may be done through a Certificate of Insurance. A Restricted Driver License Application will need to be filled out and filed. The application form can be given to the office or mailed in and it will need to include a fee. The application and details of the case will be assessed in order to make the decision. For those who are approved, they will need to reapply each year to keep the ability to drive. For individuals who have their application denied, it is possible to reapply in a six month period.

Having the Ignition Interlock Driver License doesn’t just mean that your car needs to have the device installed. If there are other cars that you will be using, then those will need the device as well. Fees for the device include the installation cost, maintenance or repairs, application fees, and a monthly fee for the device. While there are certain setbacks with the device, having it can be extremely beneficial. Not having the ability to drive is something you may not realize as being so damaging until you are in the situation yourself. Talk with a Seattle criminal defense lawyer from Blair & Kim, PLLC to find out what may be done in your situation.

The Walk-and-Turn Test

October 8, 2012 | by Blair & Kim, PLLC

The National Highway Traffic Safety Administration uses a few tests that are known as the Standardized Field Sobriety Tests. These have been reviewed and developed for the purpose of assessing which drivers are under the influence of alcohol while operating a vehicle. The NHTSA has given their stamp of approval for these tests and they have undergone research to determine the level of accuracy for each one. The tests that are used include the One-Leg-Stand, the HGN test and the Walk-and Turn test.

This last one is known by many people and has even been shown in numerous movies, though the details of it are not always accurate. The test has a number of specific rules that will be explained to a suspect and they will need to be carried out in order to pass. The suspect will need to walk a straight line for nine steps, putting one foot directly in front of the other heel-to-toe. After they have gone far enough they will need to turn around on one foot and come back in the same way. This test reviews their ability to divide their attention between performing the physical movements and carrying out the instructions that have been given to them. Their coordination will be reviewed by witnessing if they need to use their arms to balance, remember to put one foot in front of the other, make a wrong turn, take the wrong number of steps or step off of the line.

It is stated by the NHTSA that this tests has a 79 percent accuracy rate for determining who has a blood alcohol content level of .08 or more amongst individuals that show two or more of these difficulties during the test. This however, is speculation and does not always prove true on the field. Many innocent suspects are wrongfully accused. Contact Blair & Kim if you have been charged for drinking and driving, including if you failed a field sobriety test.