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DUI Advice, DUI Tips

The Truth About Personal Breathalyzers and DUIs

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The consequences for anyone who is charged with a DUI are huge. If you are a professional bound to a job which does not readily tolerate time away from work for any reason, facing a DUI charge can be devastating.

Much has been made these days about personal alcohol breathalyzers. While it is true they have the capability (depending upon the quality of the device) to possibly prevent you from being charged with a DUI, it is imperative to have a sound understanding of the devices before you put yourself in a position where you’re depending upon one.

The Truth About Personal Breathalyzers and DUIs

Are Personal Breathalyzers Really Accurate?

Here in Washington State, if you are pulled over while driving a vehicle and it is determined that you have a blood alcohol content of .08 percent or higher, you are presumed to be legally intoxicated. By and far the most accurate way to ascertain this is with a blood test. But, because this is an invasive procedure and, quite frankly, not at all practical for law enforcement officers to administer, breath tests using handheld devices are the most common means available to law enforcement personnel.

Because these same, lightweight and portable devices can be purchased by consumers, they are often self-administered by those who feel as if they may have had too much to drink and are contemplating driving. However, before you put your faith in a personal breathalyzer’s accuracy, it is important to have a basic understanding of how they work.

All of the different breathalyzers on the market operate in the same way: you blow into the mouthpiece of the device and it provides a reading of your blood alcohol content. The only problem is, depending on the device you choose, the results can vary dramatically. This is because there are two basic types of devices available to purchase.

  • Breathalyzers utilizing semiconductor technology: This is the least expensive and the least accurate choice. They can be sufficient for home use, however, because the results can be influenced by external factors ranging from cigarette smoke to hairspray, it may be unwise to depend on them if you have been drinking and plan on driving.
  • Breathalyzers utilizing fuel cell sensors: This device is more accurate and expensive, and is the device most typically used by law enforcement. But, even if you purchase such a device, it can still be subject to factors that detract from accuracy and reliability, such as improper calibration, malfunctioning software, or human error.

Can Personal Breathalyzers Reduce DUIs?

Regardless of the type of device chosen, studies have shown that people who self-administer a blood alcohol content test when they have been drinking are more inclined to not drive if they register at a level that indicates they are legally intoxicated.

Proper Use of a Breathalyzer

Before you self-administer a blood alcohol content test on yourself or others, be sure to wait 20 minutes or more after the last drink or meal. Keep wind and cigarette smoke away from the device’s mouthpiece. Though the sequence of steps may vary with the type of device, the basics are as follows:

  • Attach the mouthpiece to the device
  • Activate the power button
  • Allow time for the device to warm up properly
  • Blow into the mouthpiece until the breathalyzer stops beeping (about four seconds)
  • Wait for test results to appear

As mentioned above, remember that results can vary depending upon a variety of factors. It is vitally important that you conduct the test in an environment that is conducive to optimal conditions, and follow the directions for the personal breathalyzer explicitly. If you have any feelings of unease regarding the indicated blood alcohol content displayed, it’s better to err on the side of caution.

If You’re Charged With a DUI

Even if you have taken precautions to ensure that you aren’t driving while intoxicated, if you’re charged with a DUI you’re going to need a successful and highly regarded attorney on your side. The consequences of a DUI can be harsh — possible loss of driving privileges, high fines, even time in jail.

A DUI in Washington State is a serious offense, one that you are not going to want to go through without the help of a proven professional. Matthew Leyba and his team of professionals at Leyba Defense PLLC, are recognized as one of the best DUI firms in the Seattle area. Contact them immediately if you are charged with a DUI.

Blog, DUI Advice, DUI Tips

What happens if you take the breath test following a DUI arrest

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08-300x300One of the most common questions I get asked by anyone and everyone is what happens if I take the breath test if I get arrested for DUI. In fact I was at a great restaurant over the weekend (Brimmer & Heeltap in Ballard) and I started talking with the couple next to me. When they found out I was a Seattle DUI Attorney that was the first question they asked. So it got my thinking why not write a blog post about it. So here you go…

What happens if you take the breath test following a DUI arrest. Well a couple different things can happen:

First if you take the breath test and there is a reasonable amount of alcohol in your system. I would say anything above a 0.03 then you’re getting charged with a DUI. That may actually surprise a lot of you. And in fact I recently wrote a blog post about how you can get possibly arrested and convicted for a DUI with only 1 drink in your system. A 0.03 is about that limit. Now whether you actually get convicted of a DUI with a alcohol level that low is another story. True story: As of writing this post Leyba Defense PLLC has never lost a DUI jury trial where the alcohol level was below a 0.08.

Secondly if you take the breath test and your alcohol level is at or above 0.08 then you’re definitely going to get charged with a DUI. But you’re also going to face a possible administrative action with the Washington Department of Licensing. What this means is if this is a first offense and you have never been arrested for a DUI before and you take the breath test and you blow over the legal limit then you’re facing a 90 day loss of your license or privilege to drive in WA State.

Thirdly if you take the breath test and your alcohol level is at or above 0.15 then you’re facing increased penalties in the criminal case. This would include more jail, more fines, and a longer drivers license suspension. You’re also facing the same administrative action with the Washington State Department of Licensing as if you were below a 0.15 but above a 0.08.

So what to take away from this. If you take a breath test and you’re below the legal limit you most likely will still get charged with a DUI. If you take the breath test and you’re above the legal limit then you most definitely will get charged and you face a separate legal action with the Washington Department of Licensing. Tomorrow I will discuss what happens if you don’t take the breath test at the police station following a DUI arrest.

About the author: Matthew Leyba is a DUI Lawyer in Seattle, WA. He is rated a perfect 10 out of 10 by Avvo.com, and has been repeatedly named a Rising Star in the area of DUI Defense by both the Seattle Met Magazine, and the Super Lawyers Magazine, an honor less than 2.5% of all lawyers receive in their particular area of practice.

DUI Advice, DUI Risk, DUI Tips

How to get rid of that pesky ignition interlock device following your Seattle DUI arraignment

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Lately I have been seeing more and more people required to have an ignition interlock device following their DUI arraignment on a first offense DUI. Previously only the Judges in Seattle Municipal Court were imposing this ignition interlock device requirement following a DUI arrest. But more and more Judges around King County are following suit. I believe this is a complete misinterpretation of the law, and is quite frankly unconstitutional. However if you do find yourself in this boat of having an IID on a first offense DUI, don’t fret there may be a way to get rid of it.

Whenever I have a client facing this dreadful situation the first thing I have them do is get an alcohol and drug evaluation. The purpose of this evaluation is for a state certified chemical dependency counselor to find that you do not suffer alcohol abuse or dependence and because of that you’re not likely to drink and drive. Typically the recommended treatment on a DUI case for this type of evaluation is a one day class called an alcohol drug information school and victim impact panel class.

Once the results of the evaluation come in for the DUI arrest, I make my clients take both of those classes. I then file a motion in the court asking the Judge to reconsider the ignition interlock device that was imposed. For example lets say you have a DUI in Seattle Municipal Court. This is a place where the bulk of my practice is and it can be a little tricky if you’re not familiar with it. First you need to file what is called an add on motion. This is a motion where you request the case to be heard on a certain date. Secondly you then filed the motion to strike the ignition interlock device once that date is received.

The next thing is do is get the records for my clients ignition interlock device. It will say whether there have been any positive tests for alcohol and when they were. Ideally there are no positive tests and that also can be submitted to the DUI Judge in an effort to show the client has not consumed a drop of alcohol and then decided to drive.

Now once you’re in front of the Judge you need to make a pitch that the IID is unreasonable and a simple abstain condition will do the trick of keeping your client from drinking and driving. Obviously there is more to it than that but that is the gist of the argument. If you find yourself in this position and an IID was imposed at your arraignment feel free to contact my office and I can help you get it removed.

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

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