DUI Advice, DUI News, DUI Risk, DUI Tips

Under no circumstances should you try to game an ignition interlock device

March Mar, 2014 Dev Dev Leave a comment

I recently saw a report from KIRO News here in Seattle about a woman who tried to game an ignition interlock device. Apparently, this woman was required to have one installed due to a prior DUI arrest. She then was trying to allegedly game the system by having her boyfriend blow into the ignition interlock device when she should have been. Unfortunately for her most ignition interlock devices have cameras installed to try and prevent this from happening.

As a Seattle DUI Attorney, I have come across all sorts of ways people try to beat an ignition interlock device. In case you don’t know what an IID is and how it can be imposed here you go. Ignition interlock requirements. However in my opinion that is the stupidest thing a person can do and here is why.

Following a DUI arrest most people have to appear in Court to formally enter a not guilty plea on the charge. If the Judge were to impose an ignition interlock device at the arraignment then most likely the Judge also imposed an abstain condition as well. In Seattle, this happens quite regularly, especially in places like the Seattle Municipal Court.

If you try to game the ignition interlock system you most likely will be caught. The ignition interlock company will notify the Court where your DUI case is. The Judge will then set a hearing to address the release conditions. Keep in mind at this hearing that a Judge only needs to find by a preponderance of the evidence the release conditions have been violated. If that is the case then criminal rule 3.2 allows a Judge to amend a release order. If a Judge has ordered an ignition interlock device and an abstain condition, then they will only go one direction in amending that order. This would be an increase in any bail amount, and probably a SCRAM bracelet.

So unless you want to spend the duration of your DUI case in jail, or you want to drop an extra $400-$500 a month on a SCRAM bracelet then just don’t have a drop of alcohol and drive when you have an ignition interlock device in your vehicle. It’s that simple.

Oh and in case you were wondering about that news report on KIRO with the woman who tried to game her IID. She is now in custody after the ignition interlock company notified the Court of her violations. Additionally, the pictures taken from the ignition interlock device show she had a 3-year-old in the backseat. My guess is she and her boyfriend will be facing some new charges. Probably a reckless endangerment or something along those lines. It’s not worth it.

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About the author: Matthew Leyba is a DUI Lawyer in Seattle. He is rated as a 10/10 by Avvo.com when it comes to DUI lawyers in the Seattle area. He has also been repeatedly recognized as a Rising Star in the field of DUI Defense by the Seattle Met Magazine, an honor less than 2.5% of all Lawyers in Washington State receive.

DUI Advice, DUI Risk, DUI Tips

Bill to change DUI law dies in Washington State Senate

March Mar, 2014 Dev Dev Leave a comment

If you follow this blog then you know Im a DUI lawyer in Seattle. One of the things that I do for my practice is try and stay up to date on any potential changes of existing DUI laws. Not only is this important to keep my practice current, but it also forces me to read the news.

If you recall last year during the 2013 legislative session there were a bunch of changes to DUI laws that were proposed. They were all set to make the existing DUI laws harsher and increase the penalties one would face if charged with a DUI. Most of these proposed laws did not pass due to the budget constraints. But the Washington State Legislature is at it again for the 2014 legislative session.

However last month one bill to change Washington’s DUI laws died in the state House of Representatives, when it wasn’t approved. The proposal House Bill 2506 would have raised a felony DUI conviction from a Class C felony to Class B, but the measure failed to move out of a House committee after a public hearing earlier this week. The bill would have increased maximum sentences for felony DUI convictions from five to 10 years, and increased fines from $10,000 to $20,000.

Now even though that bill died another bill has been proposed in the Senate and it is gaining ground quickly. Senate Bill 6090, sponsored by Rep. Mike Padden from Spokane, would cut that number of DUI convictions from four to three for a felony DUI. Currently a DUI becomes a felony if a person has four or more convictions in 10 years.

If I was a betting man I think this law will eventually pass. It may not be this legislative session. Quite frankly there are still budget concerns and monies are needed for another areas. But eventually the proponents of making Washington State have the Toughest DUI laws in the Nation will prevail.

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About the author: Matthew Leyba is a DUI lawyer in Seattle. His practice focuses on representing those charged with DUI and DUI related arrests. He has rated as a 10/10 by Avvo.com when it comes to Seattle DUI Lawyers, and he was named a Rising Star in that area of law by the Seattle Met Magazine.

DUI Advice, DUI Risk, DUI Tips

How to be proactive following a DUI arrest

March Mar, 2014 Dev Dev Leave a comment

If you have been arrested for a DUI then time is of the utmost importance. In order to get the best outcome possible a driver arrested for a DUI needs to be proactive when it comes to three aspects of the DUI case. Not only will this help you as the accused in a DUI case, but it will help your DUI lawyer better represent you. To learn what these three aspects are continue reading.

First you need to stop drinking and discontinue use of any other substance (i.e., marijuana, illegal narcotics, etc). Whether this is your first DUI arrest or your second it doesn’t matter. Why do you need to stop drinking alcohol and using marijuana? You will have to get an alcohol and drug assessment. If you test positive during the urinalysis test, or you tell the counselor you have continued to drink following your DUI arrest then the counselor may find you have a problem. That’s bad. Which brings me to the second thing you should do.

Secondly you need to schedule an alcohol and drug assessment. Why? Unless your DUI charge gets completed dismissed, which is very rare. The Judge is going to require you to get one. You might as well get it done ahead of time. Additionally it gives your DUI lawyer more information to present to the Prosecutor about how you are. Remember all the Prosecutor knows about someone who is charged with DUI is that they drank and drive. They don’t know anything else. The more ammunition your DUI lawyer can go into the negotiation with about your character the better it will be for you.

Lastly hire yourself a DUI lawyer. A lawyer that exclusively practices DUI defense. Not one that does it part time, or one that does it occasionally. One that doesn’t do anything else. Why is this important? Let’s take Seattle for example where I practice. I see Lawyers in Court all the time who don’t do this regularly. They don’t know the Judge, they don’t know the Prosecutor, they don’t know the Court procedures, or even the Cops. And in my opinion as a DUI lawyer who practices in Seattle they are a step behind because of this. And that only ruins their clients chances of getting a reduced DUI charge.

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About the author: Matthew Leyba is a DUI lawyer in Seattle, WA. He has repeatedly named a Rising Star in the field of DUI Defense by the Seattle Met Magazine, an honor only a fraction other Seattle DUI Lawyers receive. He is also rated a 10/10 by Avvo.com and listed as a Superb DUI lawyer.