What is an alcohol and drug evaluation in a DUI case?

January Jan, 2015 Matthew Leyba Leave a comment

If you have been arrested or charged with a DUI then undoubtedly you have probably heard of a alcohol and drug evaluation. Most likely you have heard about it either from someone who has gone through that process before or from a DUI Attorney and how important it is for you to get it. So what is an alcohol and drug evaluation and what happens takes place at it?

To put it simply an alcohol and drug evaluation is exactly how it sounds. It is an evaluation that is done by a State certified treatment agency to determine whether there are any substance abuse or dependence issues.

So how does the evaluation work? Well it is pretty basic. First you contact a treatment provider or counselor to schedule the evaluation. Most Seattle DUI Attorneys have the specific places they prefer so make sure to ask your attorney if you have retained one and where they recommend you go.

Once you show up for your appointment you will be asked to provide a urinalysis sample. A word of advice it is always better if it comes back negative for all substances. And yes that includes marijuana even though it is legal now in Washington State.

After the urinalysis the interview portion of the evaluation will take place. This has to be done in person face to face with the counselor. During the interview portion the counselor will ask some background questions about alcohol and/or drug usage. When it began, how often, etc. The counselor will also ask about family history of substance abuse or dependence. After the background questions then the counselor will ask about the referring incident. If you were arrested for a DUI or DUI related offense then this is what you would talk about.

Once the interview portion of the evaluation is done and before writing it. The counselor will usually contact the DUI Attorney for additional information and to get the police report, breath test or blood test results, 5 year drivers abstract, and criminal history for review.

After the counselor has reviewed all the relevant documents and considered all the information before them they will write summary or diagnosis on whether there is insufficient evidence to document addiction, evidence of substance abuse, or evidence of substance dependence. Depending on the outcome there will be a recommended level of follow up treatment ranging from a 1 day class to a 2 year alcohol and drug treatment program.

If you’re facing a DUI then it is of vital importance you get this evaluation done as soon as possible. Not only will it help your case but it will also help you understand what causes substance abuse and/or dependence.

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About the author: Matthew Leyba is a DUI Attorney in Seattle. He is the owner of Leyba Defense PLLC, a boutique criminal defense in Seattle, WA focuses on DUI and DUI related offenses.

DUI Advice

DUI lawyer in hot water over controversial DUI checkpoint advice

January Jan, 2015 Matthew Leyba Leave a comment

I recently read about a DUI lawyer facing a little heat this year over some controversial advice he provided in Florida over DUI checkpoints. In Florida, where DUI checkpoints are legal, this DUI lawyer blogged that motorists should put their license, registration, proof of insurance, and a flyer in a plastic baggie attached to the exterior of their vehicle and then roll up the driver’s window as they approach the checkpoint. The flyer would state things such as, “I remain silent,” “no searches,” and “I want my lawyer.”

The thinking behind this idea is the law enforcement officer would see the flyer, perhaps review the license and registration and then waive the driver through the DUI checkpoint. Because the flyer essential would state the driver is not going answer any questions, then arguably, the police officer shouldn’t ask the driver to exit absent any specific or articulable observations of impairment made by the police officer.

I personally think this idea might cause the opposite of what this DUI lawyer was thinking. By employing this tactic, aren’t you drawing attention to yourself? Let’s be honest here if a police officer wants to get someone out of their vehicle, it doesn’t take a whole lot. Any little traffic infraction, any little possible sign of impairment, and the cop is just going to use that as an excuse to see what is really going on with the driver using this flyer tactic. Even though under Florida law, something like this would be legal, it is my opinion that it would be stupid to do, especially if you have been drinking. Unless you’re completely sober and you want to just mess with the police, I wouldn’t advise a driver would do this.

If you’re interested, here is the link to the article from the ABA journal where is saw it.

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About the author: Matthew Leyba is the owner of Leyba Defense PLLC, the premier DUI law firm in Seattle. Matthew has been repeatedly recognized as a Rising Star in the area of DUI defense by the Seattle Met Magazine. Additionally, he was recently named a Top 40 under 40 criminal defense lawyer in Washington State.

DUI Advice

Is it possible to get a DUI on a Washington State ferry?

January Jan, 2015 Matthew Leyba Leave a comment

If you live in Western Washington than chances are you have taken a ferry in your life. Whether you live on one of the islands and you needed to come to Seattle, or you just want to take a day trip. The Washington State ferry system is incredibly convenient and can be like a mini vacation. Which brings me to the question I posed in the title, “Can you get a DUI on a Washington State ferry?”

There are probably two instances when they may come up. Either an individual drives onto the ferry and they have consumed alcohol or a driver decides to have a few drinks while on the ferry and then gets into their car when it ports. Can either one of these scenarios result in a DUI arrest? The answer is absolutely yes it can.

How is that possibly you ask? The Ferry is on water, doesn’t a DUI have to occur on a roadway. Yes, typically a DUI does occur on a roadway. However the Prosecution can get around the two scenarios I provided above fairly easily in order to provide a DUI or DUI related offense.

For example let’s say one of the traffic control workers directing traffic onto the ferry witnesses some poor driving indicative of alcohol impairment. The traffic controller witnesses this driving as the vehicle is boarding the ferry. Simply seeing the driver on the road as the vehicle boards the ferry would be enough to prove the driving occurred on a road.

Secondly let’s say a driver gets onto the ferry. While the ferry is on the water they head up to the top deck and have a couple of drinks. A ferry worker observes the driver pounding a few too many beers, stumbling around, and gets inside their vehicle. The ferry worker could contact the State patrol and have the driver contacted as soon as the ferry docks. Arguably this would be enough evidence for that driver to be arrested for DUI/Physical control simply for sitting in the vehicle and being in physical control if it meaning they had the capability to operate the vehicle.

So what happens if a ferry worker doesn’t see the vehicle board the ferry. But after the vehicle is on the ferry as the driver is being directed where to park signs of impairment is exhibited (i.e., a collision occurs). Could this person be arrested for a DUI? After all these observations were made on the water not a an actual roadway. Unfortunately the Washington State legislature is determined that all State ferry routes are part of the highway system under RCW 47.39.020. So a Prosecutor could argue under that statute this driving occurred under the highway system and therefore a DUI can occur.

Now these are a just a few examples I could think of off the top of my head for purposes of this blog post. It doesn’t mean a driver would be convicted of a DUI or there aren’t any legal defenses that could be asserted such a safely off the roadway, etc. If you find yourself in one of the above scenarios it would be best to contact an experienced DUI attorney for advice.

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About the author: Matthew Leyba is a Seattle DUI Attorney. He has been named one of the top 40 under 40 criminal defense lawyers in Washington State by the American Society of Legal Scholars. Additionally he has been repeatedly named a Rising Star in the area of DUI Defense by the Seattle Met Magazine, an honor less than 2.5% of all lawyers receive.