6 Tips to Avoid a Holiday DUI

December Dec, 2015 Matthew Leyba Leave a comment

Driving under the influence (DUI) arrests are at their highest during Thanksgiving and New Year’s Eve. Between Christmas and New Year, the U.S. sees the average number of fatalities involving alcohol-impaired drivers rise 34 percent. Each year, the number of travelers flooding the roads for winter celebrations increases, including a significantly higher number of alcohol-impaired drivers.

Thanksgiving Eve is now often referred to as, “Black Wednesday,” as it has been recorded as the busiest night of the year for bars. The holiday season also sees an increase in social binge drinking. Forty (40) percent of traffic-related deaths during the Christmas and New Year’s holidays involve drunk driving, according to the U.S. National Institute on Alcohol Abuse and Alcoholism.

With Christmas and New Year’s quickly approaching, the increased opportunities to get arrested for a DUI are upon us. It is important to be cautious of drinking alcohol and driving every day of the year, but with the holidays quickly approaching, planning ahead and using the following tips to avoid driving drunk is especially important:

Tip 1: Don’t Drink and Drive

While this tip should be obvious, many drivers think that using DIY breathalyzer or drinking “tricks” will allow them to drink and drive home safely. Portable breath testing devices range in varying degrees of accuracy. Although your test may reveal you are safe to drive, you could be putting yourself and others in serious danger by driving if the device is even a few percentage points off. Also keep in mind that you don’t need to be over the “legal limit” to get arrested for a DUI . Simply “being affected” by alcohol and driving is enough to be arrested.

Drinking “tips” such as, “Drink a glass of water per alcoholic drink,” may make you feel less drunk but this doesn’t mean that you aren’t too intoxicated to drive. Ultimately, if you plan on drinking even one drink, don’t drive.

Tip 2: Be Smart About Drinking

Whether you plan to drive or not, drinking smart will make all the difference. Make sure to eat plenty of food. The consumption of food delays the absorption of alcohol, which in turn causes alcohol to be absorbed over a longer period of time in a person’s body, preventing a spike in intoxication.

Tip 3: Call a Cab Even if You Live Close

Many Seattle DUI convictions include drivers that were driving less than a mile from home. Being close to home does not increase your chance of making it home safely. Regardless of how far you plan to drive, stay with a friend or call a cab. If you have been drinking, hitch a ride with a sober driver.. A small cab fare is much cheaper than the cost of a DUI in Seattle.

Tip 4: Don’t Rely on the “One Drink an Hour” Motto

Every body reacts to alcohol differently and the “rule” of drinking one drink per hour won’t work for everyone. For some people, one alcoholic drink should be absorbed and eliminated from the human body in one hour. As a Seattle DUI attorney , I have seen time and time again where a client followed this “rule” and was still arrested for a DUI.

The way alcohol is metabolised is a very complex process and varies significantly based on a driver’s gender, weight, and the amount of water and food in their system.

Tip 5: Choose a Reliable Designated Driver

When choosing a designated driver, make sure it is someone who won’t take a sip of alcohol. It is important that this person understands the responsibility of being a designated driver.

Tip 6: Book a Hotel or Stay with a Friend

When going to a holiday event or New Year’s Eve party, booking a room at a nearby hotel or staying with a friend is one of the best ways to avoid a Seattle DUI. Enjoy the night without worrying about how you will get home.

Common sense often goes out the window when alcohol is consumed. Having a clear plan before your next holiday event can be extremely beneficial to avoiding a Seattle DUI this holiday season. A DUI in Seattle can not only cause danger to yourself and others, but can also result in jail time, loss of a job, and can be extremely expensive to resolve.

This holiday season, be careful, make plans for a designated driver or place to stay, and most importantly, don’t drink and drive. If you find yourself in the unfortunate position of a Seattle DUI arrest, give Matthew Leyba a call at 206.504.3131 for a free 60 minute, no pressure, and completely confidential case consultation.

DUI Advice

New YouTube Video on 4 Steps to Take After a DUI Arrest

November Nov, 2015 Matthew Leyba Leave a comment

Seattle DUI Attorney Matthew Leyba discusses the 4 steps a driver should take following a DUI arrest to ensure they give themselves the best chance of defending the DUI case

Blog, DUI Advice, DUI Tips

Choosing a Seattle DUI Attorney

November Nov, 2015 Matthew Leyba Leave a comment

Being arrested for driving under the influence (a DUI) in Seattle is a significant and frightening affair. Not only is the whole process complex and detailed, but the outcome of your case can have life altering ramifications. In order to ensure that there is a strong defense and an agreeable outcome to your case, you are going to need an experienced attorney by your side.

The task of choosing a Seattle attorney can seem impossible. With so many qualified and capable attorneys, how do you know when you’ve found the right one?

Ask Questions

Once you have chosen an attorney, your case is in their hands. But until then, you have complete control over who gets to manage your case. The best way to get information about your attorney candidates is to ask them questions. These questions and how they are answered will reveal their capabilities, tendencies, preferences, and history while allowing you to whittle down your list to a one attorney. Here are some questions you can ask to start getting information about potential attorneys:

1. Where did you attend law school?

This question is meant to provide you with a general look into the kind of school each attorney graduated from, the training they’ve received, and the experience they had there.

2. How many years have you been in practice?

You want to know how much experience your attorney has with handling cases. A good follow-up question is to ask what kind of work they’ve completed during those years. Long-time lawyers with little experience or success are individuals you should steer clear from. On the other hand, a weathered attorney with a full schedule is a sign of a capability and experience.

3. How much experience do you have with DUI cases?

There are many areas of law, each with their own level of complexity and detail. While some attorneys may claim to be capable in multiple fields of the law, good attorneys will focus their attention on only a few. Your highest priority should be to find a Seattle attorney that is highly educated and experienced with handling DUI cases. If they try and stretch themselves across too many fields, it’s time to move on.

At Leyba Defense, Matthew Leyba is highly experienced in handling DUI cases. Working exclusively with criminal defense and DUI cases, Matthew Leyba has the professional training, experience, and education necessary to help defend your case.

4. How many cases have you taken to jury trial?

Many DUI cases end up going to trial. In order for your trial to play out in your favor, you need an aggressive and experienced attorney who is committed to meeting your needs and defending your side. In order to attain the outcome you deserve from your trial, your attorney must have the experience required for a successful jury trial.

5. What is your assessment of my case?

You may already have a personal assessment of your case, but it is important to get their opinion. What are the challenges they see to your case? Would they have you plead guilty, or would there be a plea agreement? Do they see your case going to trial? What are they expecting to see at various stages of the process?

As you meet with multiple attorneys, compare and contrast their assessments. Is there a common theme, or do they all see your case from different angles? Which attorney demonstrates the best knowledge and experience when it comes to handling your situation?

6. What would be the final outcome of my case?

When everything is all said and done, you want to be sure that the attorney you choose is willing to go the distance. After assessing your case, are they willing to dive in and get their hands dirty to ensure that your rights are protected? Or do they look for the easy way out?

If the attorney’s desired outcome does not match your goals for your case, don’t be afraid to move on. Remember, your case is still in your hands. Don’t give it away to an attorney that is not willing to take your case where it deserves to go.

7. Will you personally be handling my case or will it be someone else? Can I meet them?

A lot of DUI cases are not directly handled by the attorney, but are instead handed off to an assistant or fellow attorney. You want to be sure that the person your meet and know is going to be the one to carry your case through. If you find out that someone else will be handling your case, ask to meet them too. Don’t trust your case to someone you’ve never met, no matter how fantastic your meeting may seem.

At Leyba Defense, Matthew Leyba is committed to handling all of his cases personally. Without enlisting the help of a secretary or assistant, Matthew Leyba works personally on every case he agrees to take on.

8. What are your fees?

When it comes to rates and fees, every attorney is different. Find out what their general fees are and what they do and do not include in their rates. The total expense can change based on whether they charge a flat or hourly rate. There are even unrelated legal expense that can appear during our case, so getting these questions out of the way early is the best way to avoid future problems.

Final Questions: For You

At the end of the day, every consultation comes down to your impression of the attorney. It is important to ask yourself the right questions to uncover your real perspective of their experience, education, capabilities, personality, perspective, and goals. Here are some questions that you can ask yourself:

What are their strengths? What are their weaknesses?
Did they demonstrate confidence?
Were they honest?
Did they willingly share the information I needed?
Were their rates reasonable?
Do they have enough experience?

If you still feel unsettled about whether or not an attorney is a good pick, ask to get in touch with some of their previous clients. Few sources will give a more accurate representation of an attorney’s skill than a previous client. Ask them what their initial impression was, how their cases concluded, what their experience was, and if they would recommend said attorney.

Contact Leyba Defense

At Leyba Defense, Matthew Leyba operates as one of Seattle’s most qualified, experienced, educated, and successful DUI attorneys. Matthew’s goal with every case is to ensure that every client is accurately represented and that their rights are always protected. To ensure that clients feel comfortable and informed, Matthew is available 24/7 to answer any questions a client may have about their case.

For more information about Leyba Defense, or to set up a free consultation, call 206.504.3131 or fill out our contact form.

DUI Advice

So the DUI FST’s are admissible in a trial…now what?

October Oct, 2015 Matthew Leyba Leave a comment

In a DUI case often times there are several key pieces of evidence the Prosecution rely upon. The field sobriety tests (FSTs) are one of these and therefore must be challenged by the DUI defense attorney. Unfortunately the reality is often times these tests are found to be admissible for a trial. Thus the need to develop creative and unique challenges must be done in order to effectively present a defense in a DUI jury trial.

In my opinion there are 4 ways to effectively challenge these tests in a DUI jury trial. I have previously created a quick you tube video on how to do this, however here is a more detailed explanation.

Did the DUI Officer administer the FSTs correctly

Challenge the administration of the tests: This is easier said than done. However as any good DUI Attorney knows if the tests are not administered according to the NHTSA manual than the validity of the tests can be compromised. This can include improper administration of the tests, or incorrect instructions. So what should the DUI Defense Attorney look for. Probably the best tool to use is any in car or dash cam video of the FSTs. Listen to each test. Listen to the instructions provided for each test. If they do not follow the NHTSA manual to the tee not only can a pretrial motion to suppress the tests be made, but an argument can be made to the jury these tests were not properly instructed and therefore affected the defendants performance on the test. If a video does not exist then interview the arresting officer. Carefully walk the officer through each test. Ask how they instructed and administered the test. If its possible record this interview for later as possible impeachment material.

Did the defendant have a physical limitation

Challenge the defendant’s ability to perform the test: This challenge usually arises when there is some physical limitation that impeded the ability to perform the test. This can happen if the defendant has a physical injury that could affect the test, or if they are of a certain age or weight, or something as simple as their foot ware. For example I once had a trial where my client had polio when they were younger. As a result he walked with 2 crutches. Believe it or not a Judge ruled these tests were admissible despite this and the case ended up going to trial. During the trial the officers testified they saw the crutches in my clients vehicle, and he informed them of his physical limitations earlier. They also said they considered this in making their arrest decision. Not surprisingly they said my client exhibited every clue and in their opinion he was impaired. Long story short the Jury found my client not guilty and were appalled at the police officers and prosecution for not recognizing the problems with making a guy with polio perform these tests.

Did the defendant actually perform well

Challenge the scoring of the tests: Lets assume the officer followed all the proper instructions and procedures for the tests and the defendant didn’t have any physical limitations or injuries. For example I recently had a DUI trial in Seattle where the officer testified on the walk and turn that my client exhibited 6 of 8 clues on the Walk and Turn test. However a closer look at the test revealed the client actually did well. The client lost balance and started too soon at the same time after maintaining the instruction stance for well over 1 minute. The client also stepped offline, stopped walking, raised their arms, and missed heel to toe on the first step they took. According to the officer this counted as 4 clues. However on cross examination it was revealed that of the remaining 17 steps my client did not exhibit a single clue. All the clues that were exhibited occurred on one single step at the beginning of the test. I felt this was very effective and showed if the jury looked at the totality of the test the performance was 99% perfect. After speaking with the jury they agreed with me on this point.

Did the environment contribute to the performance

Challenge the environment these tests take place in: In every DUI case I have ever represented these tests are usually administered on the side of the road on a shoulder or sidewalk area. Think about it they are typically done in the middle of the night, the subject is usually freaking out and extremely nervous. The officers explain these tests in one single sentence extremely fast. The area is not well lit nor is it level. Cars are whizzing by. The movements are not normal. Regardless of what the police, NHTSA, and the prosecution believe these tests are designed for people to fail. If you can effectively get that across to the jury best case scenario they will disregard the tests or at the very least place little weight on the performance.

Every DUI case is different. But in my opinion these are the most effective ways to challenge the tests in a Seattle DUI case.

Blog

The Penalties of a Seattle DUI

September Sep, 2015 Matthew Leyba Leave a comment

A driving under the influence (DUI) of drugs or alcohol charge in Washington state usually results in harsh penalties, such as loss of license, jail time, ignition interlock requirements or fines. Knowing all the penalties associated with a DUI charge in Seattle can help you make the right choices to best help your case.

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Fully understanding the penalties of a DUI is extremely important; hiring a Seattle DUI attorney should be highly considered also, as it may result in reduced or dropped charges or penalties. DUI attorneys are also able to help make the court process much simpler and less stressful for you.

Penalties

The penalties for a DUI in Seattle vary by the exact charge; whether this is a first or second offense, breath test results, etc. Keep reading as we break down the penalties of a DUI offense:

Mandatory Court Appearances

When arrested for a DUI in Seattle, a mandatory first appearance or arraignment follows. During this mandatory court appearance, the court will consider whether to impose conditions which may include posting of bail, electronic home monitoring pending trial, SCRAM alcohol monitoring devices, or whether to require the installation an ignition interlock device.

During this court appearance, the judge will also ask the accused to enter a “guilty” or “not guilty” plea to the DUI charge. The first court hearing is very important and can dramatically affect one’s liberty even before any determination has been made on the issue of guilt or innocence.

Having an experienced Seattle DUI defense attorney at each hearing to represent the accused is very wise and can make all the difference in the conditions and penalties imposed by the court.

License Suspension

If you test above the Blood Alcohol Content (BAC) legal limit of .08 on a breath test or refuse to take a breath and are arrested for a DUI, the Department of Licensing (DOL) will suspend your license. Even if you are proven not guilty after going to court, the DOL still takes what they call “administrative action” and will suspend or revoke your license.

The length of suspension is dependent on your breath test results. For Blood BAC test results .08 or higher, the DOL will suspend your license for at least 90 days. If you refused the breath test when arrested, the DOL will revoke your license for at least a year.

Once the suspension or revocation period is over, you may also be required to prove financial responsibility for three years by getting high-risk SR-22 insurance. Again, the DOL can make these requirements even if you were not convicted of a DUI charge after the arrest.

For anyone who had “administrative action” taken against them from the DOL within seven years of their current arrest, the suspension or revocation period may be longer.

Fighting Suspension or Revocation from the DOL

There is an option to fight a DOL issued suspension or revocation. In order to do this, the DOL “Driver’s Hearing Request” form must be filled out. The arresting officer should have given this form to you if you took a breath test and the result was .08 or higher, or if the breath test was refused. If a blood test was taken, the DOL generally mails this form to you.

There are a few requirements necessary in order to fight a DUI license suspension or revocation. You can only fight this by mailing the form to the DOL within 20 days of the date of notice along with a check for $375.00 (waivable if indigent).

When fighting a suspension or revocation, the DOL will suspend or revoke your license if you miss the deadline or take no action. This is true even if you have valid legal defense and/or you’re found innocent of the DUI charge.

Under 2009 law, an individual does have the option to apply for an ignition interlock device (IID) license if their privilege to drive is suspended. Having an experienced Seattle DUI defense attorney who is knowledgeable about DOL procedures and law can be a huge help and may give you a fighting chance at saving your license.

Increased License Suspensions After DUI Conviction

In addition to the administrative suspension imposed by the DOL, a DUI conviction in Seattle carries a separate, additional license suspension. For a first time conviction, the minimum additional license suspension is 90 days if the BAC reading is under .15. If the BAC is over .15, the license is revoked for a minimum of one year. If the breath test was refused on the first offense, there is a minimum two-year suspension. Subsequent convictions produce dramatically longer suspensions.

Mandatory Jail Time and Permanent Record Report

This penalty varies depending on the circumstances of the arrest. For first-time offenders, the judge has the power to impose a maximum sentence of up to one year in jail and a $5,000 fine. A minimum sentence applies to most Seattle DUI cases and even when the accused as no criminal history, the judge is required by law to impose the minimum sentence. The judge, however, is free to impose a harsher sentence when the circumstances warrant it.

The minimum sentence required by Washington state law for first-time offenders without a criminal history and a BAC reading under .15 is one day in jail, a fine, probation, and an additional license suspension imposed by the DOL.

For cases that involve BAC results of .15 or higher, or the test was refused, the minimum sentence required by law is two days in jail, an increased fine, and a longer license suspension. Keep in mind that if passengers were in the car, the judge may increase the sentence. If the passengers were under 16 years old, there will be an increase in the IID requirement, fine, and possibly jail sentence.

In all cases, the court is required to keep a permanent record of the conviction.

Electronic Home Detention

For some offenders, home detention may be an option. The law requires 15-plus days of home detention in exchange for a one-day jail sentence. For two-day jail sentences, the requirement is 30-plus days of home detention.

The penalties are much higher for repeat offenders. If there was a prior conviction for DUI within seven years of the arrest and the BAC reading was under .15, the minimum sentence is 30 days in jail followed by 60 days of electronic home detention. If the BAC reading was .15 or higher or refused, the minimum sentence is 45 days in jail followed by 90 days electronic home detention.

Electronic home detention is essentially “electronic jail” served in your home. Wearing an electronic ankle bracelet is required at all times while in detention. This ankle bracelet will record and report your location at all times. It also monitors movement, and if the wearer goes beyond the pre-established distance, a computer calls the central monitoring computer to report the violation.

For those who opt for a home detention sentence rather than jail time, there is a large electronic home detention fee that the offender is required to pay; it is approximately $20 to $50 per day depending on the jurisdiction.

Ignition Interlock Device License

As mentioned above, an IID is a breath testing machine that is connected to the wiring of a car and prevents the car from starting if the driver has alcohol on their breath. An IID may be required for at least one year after the license has been reinstated and is also required if an offender wishes to driver during the administrative license suspension.

The use of an ignition interlock device may be required by the by the DOL for up to 10 years. First-time offenses require one year IID use, second offenses require the use of an IID for five years, and a third offense or more will require a 10-year IID. Anyone who cannot go without a license until the suspension has been lifted can apply for an “ignition interlock license.” With this license, one is permitted to drive as long as the vehicle is equipped with an ignition interlock device.

Probation Violations Come with Stiff Penalties

Although not widely known, according to Washington state DUI laws, probation violations are dealt with very harshly. Five-year probation conditions include: not driving a motor vehicle without a valid license or insurance, not driving a vehicle with an alcohol concentration of .08 or more within two hours of driving, and not refusing to submit to a test of breath or blood upon lawful request.

If any of the DUI probation violations do occur, the law states, “the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.”

DUI-defense-attorney

Hiring a Seattle DUI attorney should be highly considered after an arrest. Having an experienced DUI defense attorney at your side will ensure your rights are protected throughout the process and may result in charges or penalties being reduced or dropped. DUI attorneys are also able to help make the court process much simpler and less stressful for you.
Leyba Defense is an experienced DUI defense attorney in Seattle, Washington, with offices in Seattle and Bothell. When meeting with us, our main goal is to answer your questions and put your mind at ease. Matt Leyba is available 24/7 for a free consultation.

DUI News

Does new WA case limit use of DUI SCRAM in DUI cases?

September Sep, 2015 Matthew Leyba Leave a comment

Recently the Washington Supreme Court released a ruling in State v. Hardtke. Essentially limiting the Court’s ability to require a defendant to wear a DUI SCRAM bracelet or some other expensive pretrial conditions of release (i.e., Home detention). However in my opinion this ruling is not likely to affect the way DUI cases are handled in King County regarding SCRAM devices or other more expensive forms of pretrial conditions of release.

So here is what happened in the Hardtke case. The Judge in that case set a pretrial condition that Mr. Hardtke wear a SCRAM bracelet pending trial. In other words the Judge told him if he wanted to remain out of custody while his DUI case was going on he would have to wear this bracelet which detects the use of alcohol. After Mr. Hardtke was convicted the Judge ordered him to pay approximately $4k for the use of the SCRAM device. Mr. Hardtke appealed and cited to RCW 10.01.160 which basically limits a Courts ability to impose pretrial supervision to $150.

So how does this ruling affect DUI cases in King County. In my opinion it wont have much effect. You see the statute that was cited to by Mr. Hardtke only applies to conditions of release that the Court itself provides and monitors. In the Hardtke case the Court provided the SCRAM device. However the statute is silent on what happens if a third party provides the condition of release. In King County, third parties contract out with the Courts to provide these services. That is the difference in my opinion and why defense attorneys that try to challenge a pretrial condition like SCRAM based on the cost will not prevail here in King County.

In fact I would venture to say that most Courts in Washington do not provide this service. Again in every Court I practice in not just King County there are private third party companies that provide the service. So unfortunately if you were recently arrested for a DUI and the Judge set a SCRAM bracelet as a condition of release you will not be able to get it removed by simply saying it is too expensive and applying the Hardtke analysis. The best way to get it removed is still the old fashioned way of getting an alcohol and drug evaluation and showing proof you are enrolled in whatever treatment is recommended.