Monthly Archives: January 2014

Bellevue DUI Laws, DUI Tips, Seattle DUI Laws

What happens if you get arrested for a DUI in Seattle

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If you have been arrested for a DUI in Seattle then you’re facing a couple unique DUI issues that only arise in Seattle. From the area you were arrested, to the arresting agency, to where you were taken for the breath test. All of these will factor into your Seattle DUI charge in one way or another. To learn what happens in the Seattle DUI courts continue reading.

The first factor that needs to be considered is where were you arrested. If you were arrested within the City limits of Seattle then most likely you will be facing a DUI charge in the Seattle Municipal Court. However, that is only true if you were arrested by the Seattle Police Department for the DUI. If you were arrested on either I-5, 520, or I-90 then chances are your DUI case will be in one of the King County District Court cases.

Now as I stated above if you were arrested within the City limits of Seattle then chances are you most likely will be in the Seattle Municipal Court. However recently that has started to change with the Target Zero task force, and the driver sober or get pulled over DUI campaigns. Both the Washington State Patrol and King County Sheriff’s Unit have been pulling people over within the City limits of Seattle. So if you were arrested by a Washington State Patrol for example then your case would be in the King County District Court and not the Seattle Municipal Court.

So what happens if you were arrested by the Seattle Police Department for the DUI? First of all, you will most likely be given a court date within the next few days. The Seattle Police Officer will provide that to you. It looks like a citation and at the bottom of the citation is the date and time of your court date. I’m always surprised when someone calls me following a DUI arrest by the Seattle Police Department and they had no idea they had court in a day or two. In fact most Seattle Police Officer’s won’t say anything following the DUI arrest. So make sure you check on it or contact a DUI Lawyer so they can.

Currently, if you’re facing a DUI charge in Seattle Municipal Court the first hearing will be on a Tues, Wed, or Thurs in room 1002 in the Seattle Municipal Courthouse. As of writing this blog the current Judge in the courtroom is Judge Kondo. She will preside over the arraignment where you will enter a formal not-guilty plea in front of the court, and she will address any bail, ignition interlock, or SCRAM conditions.

So what happens if you were arrested by a Washington State Patrol or a King County Sheriff? If you were arrested for DUI by either of these agencies then your DUI case will be in the King County District Court. There are several district courts in King County. Depending on where the law enforcement officer is stationed and files your police report will determine where your case is. For example, there are several Troopers that patrol the area of Ballard and Fremont. If you get arrested for a DUI in either of those areas you would think your DUI case would be in the Seattle District Court. However several of those troopers file their cases in the Redmond District Court. Any DUI lawyer worth their salt will be able to tell you where the DUI case will be filed depending on how the Trooper is.

Now unlike the Seattle Municipal Court and the Seattle Police Officer. If you get arrested by a State Patrol Trooper then you will not be given a court date. It will be mailed to you. This depends on several factors like when the Trooper files the report, when the Prosecutor gets around to filing the charge, and what the Courtroom schedule is like. Currently, there is about a 30-45 day turnaround from DUI arrest to your first court date. So be sure to check your mail often because the only notice of this court date will be mailed to you.

This is the Seattle DUI court process in a nutshell. Obviously, there is more to it and it is more complicated especially when you factor into the different prosecutors, the different Judges, and the different court procedures of each court. An experienced DUI lawyer who exclusively practices in the Seattle area will be able to answer those types of questions.

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About the author: Matthew Leyba is a DUI lawyer in the Bellevue Seattle area of Western WA. He has been named a Rising Star in the field of DUI Defense by both his peers, and the Seattle Met Magazine an honor less than 2.5% of all Attorneys receive. Additionally, he is rated as the highest 10/10 Superb DUI Lawyer by Avvo.com

Bellevue DUI Laws, DUI Tips, Seattle DUI Laws

Washington State DUI arrests decrease after liquor sales privatized

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I recently was checking out news articles trying to think of a new topic for my DUI blog.  And I came across this gem.  It’s from mynorthwest.com and discusses how since Washington State has gotten out of the liquor store business and liquor sales have become privatized (meaning if you want a bottle of scotch all you have to do is go down to your local QFC), DUI arrests have actually decreased surprisingly.

I remember when this initiative was on the ballot.  All you would hear from opponents of this measure was how alcohol killed more children than any other drug, and then you would hear from some parent who lost a child to a drunk driver.  A pretty powerful message if you ask me.

Well according to this article.  Between June 1, 2011 and June 30, 2012 there were 21,577 DUI arrests and 2,575 collisions related to alcohol, according to data from the Washington State Patrol. There were 19,703 DUI arrests the following year – June of 2012 through June of 2013 – with liquor sales in grocery stores and other retail businesses. The state patrol reported 2,347 collisions in that time frame.

So by those calculations.  The amount of DUI arrests and collisions on Washington State actually decreased.  Which brings me to my next point.  Lately here in Washington State and specifically King County there has been a lot of negative media towards the existing DUI laws.  People want the laws changed, they want increased penalties, they want DUI offenders put in jail, etc.

Despite being a DUI lawyer in Seattle, I’m not in favor of drunk driving.  In fact my wife and I have a strict zero limit if we are going to consume alcohol.  This has more to do with the fact you can get arrested for a DUI in King County if you’re below the legal limit more so than our personal views.  But in my opinion changing the laws is not going to deter people from drinking and driving.  Unfortunately I have no idea what will, but standing on a podium screaming at the top of your lungs about how evil it is to drink and drive and demanding change is not going to work.

Short of requiring ignition interlock devices in every vehicle manufactured or prohibition I have no clue what is the right course of action.  But I do know that all the statistics that are being cited, all the hysteria over changing the DUI laws is not going to work.  Heck you would have thought that DUI arrests would have increased following the privatizing of liquor sales in Washington State, yet they didn’t.  It just goes to show you that sometimes the group think is not always right.

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About the author:  Matthew Leyba is a DUI lawyer in the Seattle Bellevue area of Western WA.  He has been voted as a Rising Star in the area of DUI Defense by the Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive.  Additionally he is also rated as a 10/10 Suburb DUI lawyer by Avvo.com

Seattle DUI Laws

CPS and DUI’s in Washington State

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If you have been arrested for a DUI and you had a child under 16 in your vehicle. Then you will be facing some increased penalties for the DUI. One of which is a possible investigation into the child’s well being by the division of child protective services. RCW 46.61.507 states the following

In every case where a person is arrested for a violation of RCW 46.61.502 or 46.61.504, the law enforcement officer shall make a clear notation if a child under the age of sixteen was present in the vehicle. A law enforcement officer shall promptly notify child protective services whenever a child is present in a vehicle being driven by his or her parent, guardian, legal custodian, or sibling or half-sibling and that person is being arrested for a drug or alcohol-related driving offense. This section does not require law enforcement to take custody of the child unless there is no other responsible person, or an agency having the right to physical custody of the child that can be contacted, or the officer has reasonable grounds to believe the child should be taken into custody pursuant to RCW 13.34.050 or 26.44.050. For purposes of this section, “child” means any person under sixteen years of age

So what exactly does this mean you ask. Imagine you went out to dinner with your family. You have a few beers and feel you’re perfectly fine to drive. After all you would never do anything to harm your family. Unfortunately you get stopped for committing a minor traffic infraction. The officer smells the odor of alcohol and places you under arrest for a DUI in Seattle and you get booked into custody.

The next day when you get out of jail there are a million things going through your mind. And you don’t even think as a result of your DUI arrest your kids could be taken from you. But according to RCW 46.61.507 that is a distinct and real possibility. And keep in mind even if charges were never filed, even if your DUI got dismissed or you were found not guilty at trial. CPS is still required to contact the individual arrested based simply on the DUI arrest. And the BS thing about this is if the officer was completely wrong and illegally placed you under arrest for DUI you will still face a visit from CPS. If you find yourself in this unenviable position it is always best to contact a DUI lawyer immediately to discuss what the safest course of action should be.

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About the author: Matthew Leyba is the owner of Leyba Defense PLLC, a DUI law firm located in downtown Seattle. He has been nominated as a Rising Star in the area of DUI defense by the Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive. Additionally he is rated as a Superb 10/10 Seattle DUI Lawyer by Avvo.com

DUI News, DUI Tips

656 DUI arrests in King County during six week crackdown

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Law enforcement officers in King County arrested 656 drivers for DUI during the “Drive Sober or Get Pulled Over” campaign from Nov. 27 through Jan. 1. Mind you that is just in King County. Statewide officers arrested 2,723 drivers for DUI. If you’re wondering how that compares to last year. In 2012 in King County, during the same time period, officers on routine and extra patrols arrested 795 people for DUI. Thus there was quite a significant decrease in my opinion.

The extra patrols were funded by a grant from the Washington Traffic Safety Commission. The commission has gone on record saying “the holiday season is an important time for these patrols, given the number of holiday festivities that often involve alcohol. These and all extra patrols are part of Target Zero—striving to end traffic deaths and serious injuries in Washington by 2030.”

If you were arrested for DUI in King County during this period then chances are you will be receiving notice in the mail for a Court date, if you haven’t already. That notice is for your DUI arraignment. In King County the DUI arraignment procedure varies from Court to Court. But essentially this is where you will enter a formal not guilty plea. The Judge will set a few conditions you have to follow while the case is going on. These range from simply staying out of trouble to bail, SCRAM, or IID requirements depending on the severity of the crime and the criminal record. Once those conditions are set then you will be given a new Court date called a pretrial hearing.

I have previously blogged about whether you should bring your own King County DUI Attorney to your DUI arraignment. I am of the opinion you definitely should, especially if your breath test level was a couple points higher than the legal limit. In Seattle Municipal Court DUI’s for example if you have a breath test level at .10 or higher the Judges will always try to set bail and require an ignition interlock device for the entirety of the criminal case. Clearly having your own DUI Attorney there to object to these Seattle conditions is a good idea.

If you haven’t contacted a DUI Attorney in King County yet about your DUI arrest then feel free to contact Leyba Defense PLLC. I’m the owner of the firm and I speak with you about your situation, how I can help, and of course what your options might be. It’s a completely free no hassle consultation where hopefully I can put your mind at ease about the post-DUI arrest process here in King County.

Bellevue DUI Laws, DUI Tips, Seattle DUI Laws

Senate panel weighs new felony DUI bill in Washington State

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A Senate panel is weighing a measure that would make it a felony charge to drive under the influence when the driver has three prior offenses within 10 years. The Senate Law & Justice heard testimony on Senate Bill 6090 on Monday, and will likely take a vote on it in the coming days.

Under the existing law, a DUI is a felony only if there are four or more prior offenses within 10 years. Last year the idea was originally proposed but eventually was cut due to the estimated cost. However the same work group is at it again and Governor Inslee as well as some other higher ups have put their full weight behind it again.

I’m really torn about how I feel about this. As a Seattle DUI Attorney this is something that will directly affect my practice and my clients. Although 99% of my clients have no criminal history when they get arrested for a DUI in the King County area. So it’s not like the majority of people will feel the full brunt of this change if it were to occur.

However when you look at the difference in penalties from a gross misdemeanor to a felony this proposed change is kind of a big deal. Instead of 90 days in jail a defendant would be facing prison time in addition to all the collateral consequences that comes with a felony conviction.

I suspect if the budget is better this year than we will see this change. Despite the horrendous vehicular homicide and vehicular assault cases 2013 had. They didn’t seem to stop as the year went on. And it seems like every time you watch the news or read the paper another repeat DUI offender has gotten arrested in Seattle.

In fact I saw a tweet from the WSP that there were something like 16 people arrested for DUI in King County following the Seahawks game. Which was more than double what happened the past 2 weeks combined. The proponents of this bill will just continue to point to these numbers and DUI arrests in Seattle to support their position. And unfortunately for the opponents of this bill there is not a lot to say other than pointing out the cost and the increase in prison population for these nonviolent offenders.

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About the author: Matthew Leyba is a DUI Lawyer in the Seattle Bellevue area of Western Washington. His has been rated a 10/10 Superb Seattle DUI Lawyer by Avvo.com. He was also nominated as a Rising Star by the Seattle Met Magazine in the field of DUI Defense, an honor less than 2.5% of all Attorneys receive.

DUI Tips

Should you bring your own Attorney to your DUI arraignment

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If you have been arrested for a DUI in the Seattle Bellevue area and you’re facing the first court hearing. Should you bring your own DUI Lawyer or just use the attorney of the day to answer the charges. In my opinion I think that if you’re planning on retaining your own Attorney, you should get that Attorney on board ASAP and bring them to the DUI arraignment. And here is why.

First of all this post is not meant to bag on the public defenders that appear at these DUI arraignment calendars. In fact if you get arrested for a DUI in Seattle and you go to the DUI arraignment in either Seattle Municipal Court or the Seattle District Court chances are I know the public defender that would be appearing on that calendar. And for the most part they are very good lawyers who are going to do the best job they can.

However if you’re in the market for a private DUI Attorney and if you’re contemplating holding off on that decision until after your arraignment. My advice is to make the decision as soon as you can or feel comfortable. and have your own attorney appear with you at the DUI arraignment. I think this is important for a couple of reasons.

First the public defender or attorney of the day is going to be extremely busy. In the Seattle District Court for example they will probably be helping anywhere from 30-45 other defendants that day. Obviously with so many other people they are not going to be able to speak in detail with each defendant, and something might be overlooked.

Secondly one of the factors a Judge will consider in setting bail, or an ignition interlock device, or worse yet a SCRAM bracelet. Is whether the defendant has any ties to the community? This would include occupation, number of years resided in Washington State, whether they own a home, married, children, etc. Anything that would show the defendant is not going to flee the State and will appear at all the mandatory hearings. An attorney you have met prior to that court date is going to know more about your background and will be able to explain this to the Judge more easily then some Attorney who just met the defendant that afternoon.

The last reason to bring your own Seattle Attorney to a DUI arraignment is you will get out of Court much much sooner. In fact if you have hired your own Attorney then the Judge will call those defendants first. So if there is a DUI arraignment calender of say 40 people. If you don’t have your own attorney then you will have to wait to the end of the calendar before your case is called. That is probably a difference of at least 2 hours. This may seem like a trivial reason but if you have to take time off work, or if the meter is going to expire after 2 hours then time saved is worth it.

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About the author: Matthew Leyba is the owner of Leyba Defense PLLC, a DUI Law firm located in Seattle, WA. He is rated as a 10/10 by Avvo.com among Seattle DUI Lawyers, and has been named a Rising Star in the field of DUI Defense by Super lawyers Magazine, and the Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive.