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A Beginner’s Guide to Winning a DoL Hearing

If you’re charged with Driving Under the Influence (DUI) in Washington state, you’re going to face two sets of charges. The first will be the criminal case against you for operating a motor vehicle while intoxicated. The second set of charges are from the Washington Department of License (DoL). The DoL will hold a hearing that decides if you can keep your license and/or how long it will be suspended for.

DoL Hearing DUI Defense Lawyer

In today’s article, we’ll explain what a DoL hearing is. We’ll talk about what you’re likely to encounter as a DUI defendant in a DoL hearing. Read our tips on how to prepare for your DoL hearing. Learn how Washington DUI Lawyer Matthew Leyba will fight for you during your DUI criminal case and DoL hearing. See how you can have a better shot at keeping your license when you hire a law firm like Leyba Defense.

What is a DoL Hearing?

In addition to the criminal charge of a DUI, a Washington State DoL hearing determines if you get to keep your license or not.

After being arrested for a DUI in Washington state, your license is automatically suspended for no less than 60 days. The only way to do avoid this is to file a DoL hearing request.

To request a DoL hearing in Washington, the person charged with a DUI must:

  • Mail a written request for a DoL Hearing to the Washington Department of License.
  • Pay a $375.00 application fee.
  • Submit this request and payment within 60 days of the defendant’s arrest.

By filing for this hearing, your license will not be suspended until your case goes to trial and a verdict is rendered. If you win your hearing, you effectively never lose your driving privileges, and you don’t have to suffer the inconvenient consequences of being without a license.

Should you lose the hearing, the length of your license suspension is determined by:

  • Any prior criminal offenses.
  • Your level of intoxication during your arrest.
  • Your refusal or acceptance of a field sobriety test.
  • Any other relevant circumstances surrounding your DUI arrest (i.e. refusing to cooperate with officers, possession of other illegal substances or items, etc.)

DoL hearing verdicts are usually issued in writing after the hearing is complete. A decision may arrive in just a few days or it can take a few months.

How to Prepare for Your DoL Hearing

You’ll only have about an hour to make your case during a Washington Department of License hearing, so you have to be prepared. What can you do to get ready for your DoL hearing? Here are five suggestions to get you started:

1. Retain Legal Counsel

If you’ve been arrested for a DUI and you’re facing criminal charges in Washington and a DoL hearing, you need to hire a lawyer immediately. If you’re trying to win your case and keep your license, you need a professional attorney to represent you. They know DUI law, the Washington courtrooms, the judges, and the best approach for you to take as a DoL hearing defendant.

2. Be Proactive and Informed

If you’ve never faced DUI charges before or been to a DoL hearing, that’s fine. Your attorney can help educate you on the proceedings; however, you don’t want to take a backseat during your defense. Read articles (like this one) that tell you how to prepare for a DoL hearing. Look up lawyers and past cases where the defendant kept their license. Ask your attorney questions about your defense. Understand everything that’s happening during your DUI charges. It’s your license on the line and you can’t afford to lose it.

3. Gather Evidence

The first piece of evidence you need to examine is your case’s police report. Know the exact details recorded during your arrest. A smart defense attorney will search for discrepancies or mistakes in a police report. Other evidence that can help you win your DoL hearing may include eyewitness testimony, breathalyzer results, and questioning the arresting officer.

4. Develop Your Defense

If you want to win your DoL hearing, you need to clarify your defense position and form a plan that executes on your win condition. There are four issues that each DoL hearing looks to resolve – work with your lawyer and find defense strategies that:

  • Contest the lawfulness of your arrest (i.e. procedural errors, chain of custody, etc.)
  • Contest the “reasonable grounds” the arresting officer had to believe you were intoxicated while driving.
  • Contest whether or not the officer informed you of your Miranda rights and suspicion of intoxication.
  • Contest the procedures or results of any DUI testing (breathalyzers, blood test, etc)

5. Hope for the Best & Prepare for the Worst

Preparation and information gathering are the best chances you have of winning your DoL hearing. Your ideal result is the charges are dismissed and you get to keep your license. However, even with the best defense strategy, you may temporarily lose the privilege to drive. Do everything in your power to win your DoL hearing — but, be ready to accept a life without your license, too.

DUI Criminal Defense Attorney Matt Leyba Will Fight For Your License

No honest attorney can promise you a favorable outcome for your case. It’s impossible for a lawyer to guarantee you’ll win your DoL hearing and keep your license.

The right lawyer will do whatever it takes to provide you with an informed and intelligent legal defense. A strong criminal defense attorney will be by your side while you contest your DUI charges, and they’ll guide you through your DoL hearing as well.

At Leyba Defense, our track record speaks for itself. We specialize in getting DUI charges reduced or completely dismissed. Our goal is to give you the best legal defense possible and deliver you with an acceptable resolution. We won’t stop working for you until you’re satisfied with your criminal DUI defense and DoL hearing defense.

When you’re facing DUI criminal charges and a Washington Department of License hearing, time is of the essence. Don’t delay in developing the criminal defense you deserve. Contact Matt Leyba at Leyba Defense for a free consultation.

Marysville DUI Attorney

Choosing a Seattle DUI Attorney

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?

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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.

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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.

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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.

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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.

Local cop gets arrested for DUI with BAC less than legal limit

In case you had any questions about whether there is such a thing as a “legal limit” anymore on DUI cases in Washington State. This should answer that question. A local law enforcement officer was recently arrested for a DUI in Snohomish County, WA. Now this is nothing new, we have seen several police officers get DUI’s in King County here in the past year or so. However the difference between those DUI cases and with this one was this particular officer had a blood alcohol level of 0.05. Yes you read that correctly. 0.05 well below the legal limit of 0.08.

Now I have been saying this for the past year. Because of the high profile vehicular homicide cases that occurred in Seattle last Spring. The drastic change in negotiating policies with DUI cases by the King County Prosecutors Office. The recent proposed legislation to toughen existing DUI laws made by certain states legislators and the Governor. All those things have slowly contributed to this zero tolerance “unwritten rule” that is now happening before our eyes.

The fact that a police officer was arrested for a DUI in Mountlake Terrance with a blood alcohol level significantly less than the legal limit just corroborates what I’m saying. Think about it. If a police officer can get a DUI when they are clearly being responsible and doing what the legislator intended when it created a legal limit and made it lawful to consume alcohol and drive then it can happen to anyone.

I have said it here before and I will say it again. Unfortunately in this day and age you cannot have a drop of alcohol and drive a vehicle. If you get stopped for any reason and the Officer smells an odor of alcohol and you admit to drinking you will get arrested for a DUI. I guarantee that. No matter what anyone else says, I guarantee you will at least get arrested for a DUI. You may not get charged with one if the Prosecutor is doing their job correctly and finds there is not enough evidence to file a charge. But more often than not I have been seeing cases just like that Mountlake Terrance police officer get filed every day.

So please be careful out there and keep what I’m saying in mind. It has become far too common for drivers to get arrested for DUI below the legal limit in King County.

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About the author: Matthew Leyba is a DUI lawyer in Seattle, WA. He is rated a perfect 10/10 by Avvo.com when it comes to Seattle DUI lawyers. He also has been repeatedly recognized as a Rising Star by the Seattle Met Magazine in the area of DUI Defense, an honor only 2.5% of all Lawyers in WA state receive within their respective field of law.

So you subpoena the arresting officer to a DOL hrg and they show up, now what?

The other day I was talking with a Seattle Police Officer about a recent DOL administrative hearing he did for a DUI arrest in Seattle that he made. He told me that he was served a subpoena to appear to the telephone hearing. So when the DOL called him he answered and appeared for the hearing. But when he was connected to the DUI Attorney, the Attorney didn’t ask a single question and instead told the DOL he didn’t have any questions for the Seattle Police Officer. Here is why that DUI Attorney was an idiot and completely wasted their clients time and money.

It’s no secret that if you get arrested for a DUI in Washington State then you’re most likely facing an administrative license suspension from the DOL. Unfortunately the odds are against a driver if they find themselves in one of these hearings. Statewide the average dismissal rate is around 25%. Here at Leyba Defense PLLC we have a dismissal rate closer to 38% due to how we approach these hearings. But I digress.

Because the DOL hearings following a DUI arrest are so dang hard to win often times a DUI Attorney will employ the hail mary if they have no other options. And that is to serve a subpoena on the arresting officer and hope they don’t appear. It’s a last line of defense and is often a strategy I hope for myself to be honest with you. But I have news for you. Most of the time these DUI police officers will appear. After all they get paid time and a half to do so. If you were a police officer wouldn’t you appear. I mean all they have to do is answer the telephone in their bed and answer some questions about their DUI arrest. It really is not that difficult for them.

So let’s say that you have a crappy DUI case. There are no legal issues. Everything appears to have been done properly by the DUI police officer during the DUI arrest. So you decide to subpoena the DUI officer to appear and pray that they don’t show up. But then the DUI police officer does, what do you do?

As a practicing DUI Lawyer in Seattle I will tell you what you don’t do. You don’t tell the DOL you excuse the DUI police officer and have no questions for them. That is a complete waste of time, and honestly is borderline malpractice. Although it doesn’t surprise me that DUI Lawyers do this. I mean after all this is a business where a lot of so called “DUI Lawyers” aren’t interested in fighting for their clients, but only collecting a pay check by doing as little work as possible. It doesn’t get any easier than not asking a single question at a DOL hearing and then telling the client there was nothing you could do since the DUI police officer appeared.

So what do you do if the DUI police officer shows up? You ask them questions. A DOL hearing is a free deposition of the police officer without the Prosecutor present. You can ask anything you want. You can find out what observations the officer made. How they administered the field sobriety tests. Whether they followed the proper protocol during the breath test. Ask away, and guess what it is all recorded. If the DUI police officer says something that is inconsistent with their police report, or you catch them in a lie it is all recorded and it can be used in the criminal trial.

I can’t tell you how many times I had a crappy DOL case. But I served a subpoena on the arresting officer. They showed up and I proceeded to find something out that I wouldn’t have known otherwise. I then used that in the criminal trial to either get the DUI dismissed or reduced. It happens quite often and the so called DUI Lawyers that just hang up when the Cop appears never get that benefit.

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

Another below legal limit DUI convicted in Redmond

Last summer I wrote about a DUI case (not mine) in Redmond King County District Court where the defendant was convicted of a DUI with a 0.04 alcohol level. The legal limit in Washington State is 0.08. Well another defendant was convicted of having a below legal limit DUI in Redmond. This time it was a 2 nanogram THC level. The legal limit in Washington State now that marijuana is legalized is 5 nanograms.

If you’re not familiar with the DUI laws here in Washington State you may wonder how is this even possible. How can someone who is significantly below the legal limit first of all be charged with a DUI and secondly be convicted of it. Well welcome to the post-2012 world we live in when it comes to DUI cases in King County. In my opinion as a DUI lawyer practicing in Seattle, WA there were three things that changed in 2012-2013 that answers my questions above.

First a major shift occurred in King County when it came to negotiating DUI cases. If you practice DUI defense at all in King County then you know what Im talking about. Long story short if you get charged with a DUI in King County the chances of getting the charge reduced is significantly more difficult than pre-2012.

Secondly in early 2013 there were several high provide vehicular homicide cases where the defendants were repeat DUI offenders in Seattle. The caused a major uproar in our State Government. Both the Governor and the State Legislature used these horrific tragedies as a spring board to drastically change and toughen our DUI laws in Washington.

Lastly because of the negative media those vehicular homicide cases caused, several State legislators used that as a rallying cry against all DUI cases. Regardless if it was a first offense below the legal limit DUI or a repeat offender who caused an accident they were all the same. And many people in the general public have started to become swayed by this uproar and guess what those are the people who fill the jury pools deciding DUI cases.

So when you take all that into consideration. The change in negotiating policy, the negative backlash that all DUIs have been getting, and the brain washed general public who think any DUI is illegal even one that is significantly less than the legal limit. It is a recipe for disaster and that is in my opinion as a DUI lawyer how someone can get convicted of DUI with a blood alcohol level or marijuana level below the legal limit.

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

CPS and DUI’s in Washington State

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