I was recently invited to a wet lab by the Washington State Patrol. Unfortunately, my schedule precluded me from going. I have been to one before and they are pretty fun, hopefully, next time I get invited I can attend. To learn what a wet lab is, continue reading.

A wet lab is essentially a training exercise for new law enforcement officers. They are done by the Washington State Patrol or the Seattle Police Department for example. The purpose of the wet lab is to get some volunteers together. Typically it is around 10 or so people. Those volunteers are then dosed with alcohol and the new law enforcement officers administer field sobriety tests and administer the breath tests. The very same tests that are given during a DUI investigation and subsequent DUI arrest.

If you ever get invited to one of these training exercises I highly recommend you go. Unfortunately, the general public cannot volunteer for these things. You usually have to know someone. In my case, I was invited by the King County Prosecutors Office. But what makes it so cool is you actually get to drink for free, hang out with law enforcement, do the field sobriety tests, and actually see what your blood alcohol level would be.

The interesting thing to me was how quickly a volunteers alcohol level rose without them realizing it. Most people felt they were okay to drive after 3 or so drinks. But when tests their alcohol level was at or above the legal limit. If that was a real live situation they would have been arrested for a DUI and facing all the criminal consequences that come from it.

The other thing that struck me was the administration of the field sobriety tests. As a DUI Lawyer in Seattle I deal with the standardized field sobriety tests all the time. I understand how they work. How they are to be administered, and how they are to be performed. Heck I have even received training and I am qualified to administer the standardized field sobriety tests myself.

But I would say 99% of people out there have no clue on what they are. So it is interesting to watch them attempt the tests. In my opinion most people perform poorly on the tests. Not because they were impaired, but due to the instruction, the lengthy directions, or some other outside factor that contributed to the performance. But again in a real life situation none of that really matters and all law enforcement is going to look at is the end result and everybody I saw perform the test would have been arrested.

Like I said if you get an opportunity to do a wet lab they are very cool. The only downside is you cannot leave until your blood alcohol level is 0.00%. So the more you drink and the more fun you have the longer you will be there. And unfortunately you cannot have someone pick up up. Or at least that was the rule in Seattle last time I did one.

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About the author: Matthew Leyba is the owner of Leyba Defense PLLC, a law firm focusing on DUI Defense in the greater Seattle Bellevue area. Mr. Leyba has been ranked a rising star in the field of DUI Defense by several publications, and is currently rated as a Top DUI Lawyer by Avvo.

Recently I had a review hearing where a client was accused of a false positive on the ignition interlock device. Over the years as a DUI lawyer I have heard many stories about the cause of false positives from ignition interlock devices. The stories range from the believable to the impossible. Here are a few reasonable explanations that can cause a false positive from an ignition interlock device.

Spicy foods. In some cases spicy foods, when mixed with the HCl in the stomach creates a gas called methane. This methane gas will create a false positive because the sensor reacts to the hydrocarbons and thinks it alcohol.

Chewing tobacco. Many brands of chewing tobacco contain raw ethyl alcohol. Ethyl alcohol is the same type of alcohol that is found in alcoholic beverages like wine, beer and hard liquor. Ethyl alcohol is also the type of alcohol that breath testing machines are programmed to detect.

Mouthwash/Mouthspray. Mouthwash and sprays usually contain up to 30% alcohol and will definitely react as alcohol in all ignition interlock devices. Non-alcohol mouthwash is available and all ignition interlock users should use this mouthwash. The alcohol concentration level can register as high as 0.25% but typically dissipates within 15 minutes or so.

Sweets like cookies and donuts. The sugar and the active yeast can combine to create a low level alcohol fail some of the time.

Energy drinks. Many energy drinks contain low concentrations of ethanol. In fact a recent study to determine the extent of reaction of the energy drinks found positive test results on an ignition interlock device were given by 11 of 27 beverages (40.7%) energy drinks tested. That is almost half.

If you have been charged with a DUI in Seattle or any other city or county in Washington State then you face the possibility of an ignition interlock device requirement. This can arise at three different times following a DUI arrest. Depending on how the requirement is imposed a false positive can lead to a revocation of release, increased bail, or even jail as a sanction.

If an ignition interlock device is in your case you need to be very careful before you blow into. If in doubt about what you ate, or drank it is always best to rinse your mouth out with water and wait at least 15-20 minutes prior to giving a test.

About the author: Matthew Leyba is a practicing DUI Attorney in Seattle. He practices criminal defense with an emphasis on DUI and other traffic related offenses.

If you have been arrested for a DUI more than once then chances are you may have substance abuse issues. If so and you’re ready to address these issues than you should follow Aldon Smith’s example of the San Francisco 49ers. If you’re not a football fan or you don’t read the news. Then continue reading….

Aldon Smith is the Pro Bowl linebacker for the San Francisco 49ers. He was recently arrested for his second DUI. Rather than just show up to Court without doing anything, like so many people do. He decided to enter himself into a 28 day inpatient treatment facility before any legal actions began. Also he will do this stint in the middle of the football season. I think his actions are great for several reasons.

First if he truly feels like he has substance abuse or dependence issues than it is probably best for him to get the help he needs. There are many ways to try and address alcoholism and inpatient treatment is a great way to go. Assuming you’re ready for that kind of lifestyle change.

Secondly by entering this program before he gets charged with a DUI he is completely taking responsibility for his actions. Before he even appears in front of a Judge or Prosecutor he is showing them he is taking this seriously and he is trying to be accountable for his actions. Believe it or not this will go a long way towards him getting the best possible outcome for him in the criminal case.

As a DUI Lawyer in Seattle, I have had several clients take this approach on a second or third DUI. And when it came time to start the criminal case they were in a much better position had they just sat around and done nothing.

Heck I even had a client charged with a first offense DUI take this approach. The DUI itself had pretty bad facts and because of that the Prosecutor was not going to be offering any kind of plea deal reduction. But my client decided to take a leave of absence from her job and enter a 28 day inpatient treatment program.

When my client got out the Prosecutor was so pleased and surprised she had taken that level of accountability, I was able to get the DUI charge significantly reduced. A deal otherwise we never would have even be able to get.

The other reason entering this kind of program might be a good idea on a second offense DUI has to do with the release conditions imposed at a DUI arraignment. Let’s say you have Court here in Seattle. On a second offense DUI I can tell you from experience the Prosecutors in Seattle are going to ask the Judge to impose at least $10,000 in bail, plus a SCRAM and Ignition Interlock requirement while the case is pending. And most Judge’s will do it without blinking an eye.

However if the defendant shows up to the arraignment having just got out of treatment then typically the Judge is so impressed there is an outside chance none of those conditions come into play. Or at the very least just the ignition interlock device which is far less expensive and intrusive than the SCRAM bracelet.

So the bottom line is if you’re facing a second DUI arrest here in Seattle. You should follow the example of Aldon Smith and consider entering an inpatient treatment program. Especially if you’re considering going the deferred prosecution route or you want to avoid having significant conditions of release imposed while the DUI is pending.

Part of my practice as a Seattle DUI Lawyer is to stay up to date on recent case law opinions decided by different Courts in our State. Last month the Washington State Supreme Court held cities, counties, and utility companies can be held liable when a faulty road design leads to injuries from car crashes – even injuries caused by a drunk driver. Yes you heard that right.

To put this simply if a drunk driver gets into an accident and injuries themselves or another, they can sue the city, county, or a utility company if they can prove a faulty road design was the proximate cause of the injury.

In the case that the Washington Supreme Court heard, the Court in a 8-1 ruling overturned a lower courts dismissal of the case. What had happened was two people who had been drinking were injured when their car ran off the road and struck a utility pole that was reportedly closer to the roadway than guidelines dictated.

The passenger, whose arm was disfigured, sued Skagit County and Puget Sound Energy. A lower court judge tossed the case, but the Supreme Court reinstated it, saying government entities owe a duty to ensure roads are reasonably safe for public travel, no matter whether the driver is at fault.

Personally I think this opinion will cause several issues in the future should another sue a City, or County for some roadway issue. Who will pay the judgements? If a City or County gets sued guess who is on the hook. The residents of that City or County. So if another driver involved in criminal activity is injured and the injury was caused by an issue that falls under this opinion, then the tax payers are on the hook.

This seems really unfair to me. Especially in this day and age of people suing. The United States has the reputation as a litigious society where people are only trying to take advantage of the legal system to get paid. Well this particular lawsuit seems to hit the nail right on the head. Suing Puget Sound Energy when a drunk driver hits their telephone pole. Huh, what will happen next?

Leyba Defense PLLC is a Criminal Defense Law Firm located in Bellevue and Seattle. Our practice represents those accused of DUI and other traffic related offenses.