I read an article this week in USA today about a New Mexico man who was arrested for DUI. So what is so interesting about that you ask? Well there is an allegation that he was having sex with a female as he was driving. Yes, you read that correct. Apparently Luis Briones was having sex while he was driving. He got into a car accident. The female was ejected through the windshield, and was found naked without serious injury thankfully. Mr. Briones was apparently found some time later hiding from the police behind a cactus.

So that got me thinking. What is the weirdest, oddest DUI case I have ever head of. Personally I have never represented someone with that weird of a fact pattern. Even when I worked as a public defender and I was getting a lot more cases I never had a set of odd facts. But I have heard of some cases either from other DUI Attorneys, or just sitting in Court and hearing about the facts during a motion, trial, or plea. So here are the top 5 weirdest cases I have heard of.

5. Man arrested for DUI in Snohomish County who was naked. I remember this case was a few years ago. I was in Court waiting for my case to be called. There was a plea going on, and when the Judge read the police report to determine whether there were facts sufficient he started chuckling. Asked the defendant what happened, and he said, “I was driving drunk, and I was naked.” The entire courtroom started to laugh, I will never forget it.

4. Woman arrested for DUI after allegedly flipping off Cop car. This case was a colleagues of mine. The reason the Cop pulled the defendant over was because she flipped him off. But odd thing about this case was the woman was pretty old. I guess when you hear something like that you expect it to be some young kid, not a grandma.

3. Man arrested for DUI after passenger mooned crowd. Again this was a colleagues case. Not the same one as above. It involved a young kid. He was driving in downtown Seattle and his passenger thought it was a good idea to pull down his pants and moon a group of people in Belltown. Unfortunately there was a Cop car right by that saw the whole thing. I bet the driver of that car was pretty upset for getting him busted for DUI.

2. Woman arrested for DUI for getting car high centered at Jack in the Box. This was a friend of a fried situation. But apparently after a night of drinking this woman thought it was a good idea to get some food from Jack in the Box. But was so drunk she got her car stuck in the drive thru.

1. Blind man arrested for DUI. Yes that is right a blind man was arrested for DUI after getting into a car accident. My wife told me about this one. I guess a blind man was driving his friend around. The friend was extremely intoxicated and he was giving the blind man who was also impaired directions on where to turn, how to drive, etc.

Well there you have it. My top 5 oddest DUI cases I have heard of as a Seattle DUI Attorney. Im sure I have probably forget a few, and the man arrested in New Mexico would easily top my list. Although the blind driver would be tough to beat. Any fellow DUI Attorneys out there feel free to comment on the oddest fact patterns you have had or heard of in a DUI case.

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About the author: Matthew Leyba is a DUI Attorney in Seattle, WA. His practice focuses on representing those accused of DUI and other traffic offenses. He is currently rated as one of the Best Seattle DUI Attorneys by Avvo, and ranked as a Rising Star in DUI Defense by Super Lawyers magazine. An honor less than 2.5% of all Attorneys receive in Washington State.

One of the most controversial issues that comes up among Seattle DUI Attorneys is whether it is ethical to send solicitation letters in the mail to individuals charged with a DUI. In case you’re not familiar with this practice. There are a growing number of DUI Attorneys in Washington State, mostly King, Pierce, and Snohomish counties that will get the list of people that have an arraignment for a DUI and send them a letter soliciting their business.

Recently one of these Attorneys sent a letter to my house. Now I’m not charged with a DUI nor is my wife, but somehow I received one. So it got me thinking why those Attorneys do and why I do not. When I first started practicing law there was only one DUI attorney I was aware of who did this. But recently it seems like more and more DUI Attorneys are resorting to this practice. From what I gather many of these DUI Attorneys are younger ones, recent law school graduates, or attorneys who were recently laid off and are trying to start their criminal law practice and generate business. Personally, for my practice, I choose not to send these letters for a variety of reasons.

First, as I noted above it is extremely controversial among the Defense Attorney bar and some even view it as poor form. My reputation as a Defense Attorney is very important to me and my practice. Obviously, it is important when it comes to Prosecutors, Judges, and law enforcement but it is especially important with the Defense bar as well. Many Attorneys take it personally when a client receives one of these solicitation letters and hold a grudge or find the Attorney is acting in bad taste. The last thing I want to do is make enemies within the community I work. To me that is just stupid business.

Secondly, I personally believe it is an invasion of privacy that I would rather not cross. I don’t know what it is like to be charged with a crime, but I imagine it is not a pleasant feeling. The last thing I want to do as an Attorney is send someone a letter reminding them of this mistake and oh by they way hire me to represent you on it.

And lastly this kind of goes along with the privacy issue but I don’t want to be the cause of any family discourse. A few years ago I represented a client charged with a DUI. He was having some marital problems he and his wife were working through and did not tell the wife of his DUI arrest. When his DUI case was filed, I tried to file my notice of appearance as soon as possible in an effort to thwart these Attorneys from sending their solicitation letters. Unfortunately, they did not seem to care or maybe didn’t verify the client already had counsel because he received some letters and his wife found out. Obviously, that didn’t go over well and the idea he had of telling his wife once their relationship was more stable didn’t work. Now me as a DUI Attorney I would rather not be responsible for such issues, but that is just me.

Now you’re probably wondering if this practice is so controversial than why do these Attorneys do it and how do they get away wit it. Well first of all it is not prohibited by the Rules of Professional Conduct. I believe there State Bar had a hearing way back when and has determined this is not direct solicitation and therefore is not a violation of the ethics rules. Secondly this is a competitive market we DUI Attorneys practice in. There are lots of competitors out there and you have to figure out a way to put food on the table. For younger attorneys especially or those that do not get referrals from former clients, other Defense Attorneys, Prosecutors, Judges, or even law enforcement they need to find a way to make money. Fortunately for me my practice is about 90% referral based and the other 10% come from clients who find me through my website or this blog so I don’t have to resort to such tactics.

Now I know many DUI Attorneys who get really heated when it comes to this issue. But as long as the State Bar feels it is an okay practice than there is not much that can be done regardless of how unprofessional it is.

About the author: Matthew Leyba is a DUI Attorney in Seattle, WA. His practice focuses on representing those accused of DUI and other traffic offenses. He is currently rated as one of the best Seattle DUI Attorneys by Avvo, and named a Rising Star by Super Lawyers Magazine in DUI Defense. An honor less than 2.5% of all Attorneys receive.

Over the weekend an interesting article came out from the Seattle Times discussing the role ignition interlock companies play following a DUI arrest here in Washington State. In case you didn’t get a chance to read it you might take a look it’s pretty interesting. What I took away from the article is investing in an ignition interlock company is worth its weight in gold. I’m semi-kidding but it does appear to be a very lucrative business. And like all businesses that make loads of money with little legislative oversight it raises the questions do these IID companies have an unfair monopoly in Washington State.

The article discussed how lawmakers and owners of these IID companies appear to be in lockstep. Meaning the stiffer the DUI penalties become the more money these ignition interlock companies are set to make. I got the sense from the article that some of these companies or at least the owners contribute heavily to campaign funds where the legislator is anti DUI and pro stiffer penalties. Additionally the article paints a picture where the companies themselves play an integral role in helping write the ignition interlock laws that we have here in Washington State following a DUI arrest or DUI conviction. I mean guess who created the idea to have the ignition interlock license following a drivers license suspension.

And as both a DUI Attorney in Seattle, and a resident of the State this all seems very shady and unfair to me. So it got me thinking how much money are these ignition interlock companies making and how. Obviously I have no idea what their profits are but you can get a general idea over how profitable they are by looking no further than the laws here in Washington when it comes to DUI arrests and ignition interlock device requirements.

Remember there are several times an individual faces an ignition interlock requirement following a DUI arrest. After a drivers license suspension at the DOL administrative hearing level (assuming they want to continue driving). After an arraignment following charging of the DUI. Lastly after a conviction for a DUI or an amendment down to reckless driving when there was no suspension credit. So on the surface they are making money just when those conditions come into play. But they are also making boatloads of money on administrative stuff. Things people don’t think about.

First they make it with the installation of the device. Based on what former and current clients have told me this can range anywhere from $50 to $100.

Secondly the monthly cost itself of the device is around $100. So that is quite a substantial sum right there. Depending on whether a defendant has had a prior ignition interlock requirement this time frame can range from 1 to 5 to 10 years.

But lastly there are some hidden costs that always seem to add up that don’t appear to have any oversight or regulation. For example lets say an individual has an IID in their vehicle following a Seattle DUI arrest. They are running late for work. In their haste they rise their mouth with mouthwash and run out to their car. They blow into the device and register a reading and the car won’t start. Well they now have to pay an additional fee to have the device recalibrated. Additionally if this occurred within the last 4 months the device was supposed to be on, then they will be required to have it on for an additional 4 months. That is an extra $400-$500 plus the recalibration fee and removal fee at the end of the period.

Currently there aren’t any laws in place to regulate these type of additional fees and that is why I say there appears to be an unfair monopoly in our State when it comes to IID companies and what and how they charge. It’s eerily similiar to what tow companies are charging to get a vehicle out of impound following a DUI arrest. Like the IID companies they can pretty much charge what they want and nobody is ever going to say anything because it is anti-DUI. Hopefully some kind of regulation occurs with these IID companies when it comes to costs and this unfair monopoly is put down.

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About the author: Matthew Leyba is a Seattle DUI Attorney. His practice focuses on representing those accused of DUI and other traffic offenses. He is currently rated by Avvo as one of the best Seattle DUI Attorneys, and was named a Rising Star in Seattle DUI Defense by Super Lawyers Magazine. An honor less than 2.5% of all Attorneys receive.

Whenever I speak with someone for the first time about their DUI arrest they always ask me the same thing. How much is this thing going to cost me? Unfortunately, there is no standard amount when it comes to a DUI case. It can vary widely depending on the facts of the case, what the end outcome is, and whether investigators or experts are retained. A few months ago the Seattle Times spoke with a well-known Bellevue DUI Attorney about the estimated costs associated with a Seattle DUI, so I thought I would chime in and offer my opinion on what a standard DUI costs.

Assuming this is your first offense then below is simply an estimation of what it could potentially cost. Listed from the most expensive expense to lesser expenses.

1. Attorney fee: In a DUI case this will probably be the biggest expense. Depending on the experience of the DUI Attorney and the facts of your case this fee varies from Attorney to Attorney. In my practice, a standard fee for a first-offense DUI costs anywhere from $4000-$7500.
2. DUI fines: Again the fines associated with a DUI case vary depending on the outcome and whether probation costs are imposed. Generally, for a first offense DUI, this cost will range from $1000-$2000.
3. SR22 insurance: If your license gets suspended either administratively by the Department of Licensing or due to a DUI conviction then SR22 insurance is needed for at least 3 years. The cost of the insurance varies depending on the individual’s driving record, and what insurance company they use. For instance, I have had clients actually save money by switching insurance companies to get a better deal on the SR22 and I have had clients have to pay an extra $100 a month. It depends. So I would probably estimate an additional $600-$1000 a year.
4. Ignition interlock requirements: Again this requirement depends on what happens in your case. If you lose your driver’s license administratively and you apply for the ignition interlock license then you would be required to carry the ignition interlock device anywhere from 90 days up to 1 year. A DUI conviction for a first offense DUI carries an ignition interlock requirement of 1-2 years depending on the type of suspension and whether you want to apply for an ignition interlock license. The cost of an ignition interlock device varies but there is usually an installation fee of $100, plus monthly costs around $100. Additionally, if the device obtains a reading higher than the 0.02 allowed then you need to take the ignition interlock device back to the company that installed it to have it recalibrated. This costs around $100. So I would plan on anywhere from $500 to $2500
5. Alcohol & Drug assessment and recommended treatment: Unless you get your DUI case completely dismissed any plea deal you decide to take in your DUI case the Judge will require you to complete an alcohol and drug assessment and any recommended treatment. The cost for the actual assessment is around $150 depending on where you go. If it is your first offense then you probably will only have to do the 8-hour alcohol drug information school class and the 2-hour victim impact panel class. Most places offer a discount to do both classes at the same time. That costs around $125.
6. Investigator fees: Most DUI cases do not require an expert or investigator. For my practice, I regularly interview witnesses myself and conduct my interview with the arresting Officer usually at the DOL hearing. The reason I do this is to save my clients money. But in the instances when an investigator is needed most I know to charge around $100 an hour.
7. Expert fees: Like investigators, most DUI cases do not require the use of an expert. However, there is an occasion when a DUI case is going to trial or there is such a unique issue that only an expert is needed to clarify it and help the client obtain a better outcome. Depending on the type of expert, and whether the case goes to trial most local experts charge anywhere from $750-$2000

So there you have it. The cost of a DUI worst-case scenario is going to run about $15,225 (this does not include the cost of an expert or investigator).

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About the author: Matthew Leyba is a DUI Attorney in Seattle. His practice focuses on representing those accused of DUI and other traffic offenses. He is currently rated as one of the Best Seattle DUI Attorneys by Avvo, and listed as a Rising Star in the area of DUI Defense by Super Lawyers Magazine. An honor less than 2.5% of all Attorneys receive.

Last week I blogged about how the National Transportation Safety Board recommended lowering the blood alcohol levels in DUI cases from 0.08 to 0.05. Obviously there are some pros and cons about this otherwise I wouldn’t have gotten the media attention it has. But a question that hasn’t been asked or at least I haven’t seen is who will be impacted the most if the State’s lower the DUI blood alcohol level to 0.05.

Probably the most impacted individuals would be the social drinkers. Those that go to restaurants and get a glass of wine with dinner. Those that go to a sports bar to watch a football game and have a beer. And those enjoy going out and having a drink or two at night. All of those people who enjoy those activities will be affected by the lowering of the blood alcohol level in DUI cases. By most accounts a 0.05 is fairly low. Most studies put it at 1 or 1.5 drinks. Which would greatly impact the social drinker.

The other individuals likely to be impacted would be the light drinkers or in some cases woman. Generally those that do not drink are affected by alcohol more. Additionally depending on your body type, weight, and height a single drink of alcohol can affect you differently than someone who drinks the same amount but has a different body type of tolerance. Light drinkers and usually woman are more affected by alcohol, and thus likely to reach this blood alcohol level quicker in a DUI case.

The other individuals who would probably suffer the greatest financial impact would be the restauranteurs, the bar owners, and the owner of any other establishment that sells alcohol. Think about it. If an individual can have 2-3 glasses of wine at dinner and be under the legal limit the owner who is selling that wine makes money. But if an individuals is only allowed to have 1 drink then the owner is missing out on those sales, and therefore losing money. Not surprisingly the beverage industry is some of the loudest critics of the NTSB’s recommendations. Loss of profits and revenue is the reason why.

As a Seattle DUI Attorney, I tend to not believe something like this would happen. But you never know. I believe that lowering the blood alcohol level in DUI cases would have the opposite effect on DUI cases. Instead of reducing the number of DUI cases, that number would probably increase due to the lower amount. Although in Seattle if an individual is arrested for DUI and their BAC level is from a 0.04 to a 0.08 they will still get charged with a DUI, but sometimes that type of charge does not get filed. Lowering the level would pretty much guarantee a Seattle DUI charge or a DUI charge in any other State.

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About the author: Matthew Leyba is a Seattle DUI Attorney. His practice focuses on representing those accused of DUI and other related offenses. He is currently rated as one of the Top Seattle DUI Attorneys by Avvo, and listed as a Rising Star in DUI Defense by Super Lawyers Magazine. An honor less than 2.5% of all Attorneys receive.