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
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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?
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.
What happens if you take the breath test following a DUI arrest
One 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.
When to expect a court date following a DUI arrest in King County
One of the most common questions I get asked whenever I speak with someone who was recently arrested for a DUI in King County. Is when will my first court date happen? A few years ago this was more difficult to guess due to the delayed filings of DUI cases that routinely happened in King County. However, DUI cases are now being filed more consistently and thus it is easier to tell someone when to expect that unpleasant letter in the mail.
To pinpoint exactly when to expect that first DUI court date. Two things need to be known. First, who was the law enforcement agency that arrested you? Secondly was there a blood test involved. So let’s go over all the possible scenarios.
If you were arrested by the Seattle Police Department. Then the arresting officer will give you notice of your first court date personally. This is typically 2-3 business days following the DUI arrest. Your first hearing will be in the Seattle Municipal Court. This assumes there was no blood test involved. Because a blood sample needs to be analyzed by the State Toxicologist office this can delay the filing 2-3 months. If this applies to you then you will receive a letter in the mail from the Seattle Municipal Court in that time frame informing of your a Court date.
If you were arrested by the Washington State Patrol then your DUI case will be filed in one of the King County District Courts. The Courts that would be applicable to hear the DUI case would be in Redmond, downtown Seattle, and at the Regional Justice Center in Kent. Unfortunately, it can be difficult to expect where the DUI case will be filed if the arresting officer is not known. In other words, let’s say you were arrested in Seattle. Conventional thinking would suggest the DUI case would be in the downtown Seattle court, but that is not necessarily true. Depending on how the arresting officer was it could be in Redmond or in Kent. An experienced DUI Lawyer would be familiar with most of the Troopers who arrest in Seattle for DUI and can give advice on where to expect the DUI charge filed based on prior experience with that Trooper.
Let’s say you were arrested by a local law enforcement agency in the outlining eastside cities. Such as Redmond, Bellevue, Issaquah, Newcastle, Mercer Island, etc. Typically these cases take a little longer to get filed. Usually around 30 days. So expect a letter in the mail informing of that first DUI court date.
Law enforcement agencies in South King County seem to be a little sooner in filing DUI cases. Des Moines, Tukwila, Auburn seem to file DUI charges relatively quickly. Often times seeing a Judge the next day following a DUI arrest.
The law enforcement agencies in North King County typically file within 30 days. So in Shoreline, Lake Forest Park, etc. You will get a letter in the mail much the same way the Eastside cities do it.
Obviously things can vary from jurisdiction to jurisdiction. But if you’re facing a DUI offense in King County speak with an experienced DUI lawyer to help navigate you through the process, explain where your DUI case will be, and when to expect that first court date.
State v. Mecham – what does this mean for DUI cases in WA
A few days ago the Division One Court of Appeals in WA State recently came down with a ruling that was not favorable to defendants facing a DUI charge in WA. In my opinion this ruling will result in one more unfair advantage Prosecutors will have at their disposal to use in the conviction of people charged with DUI. I anticipate this being appealed to the State Supreme Court, but as of now the refusal of field sobriety testing can be used to show a consciousness of guilt.
So what does that exactly mean? A consciousness of guilt. This is not novel or new as DUI Defense Attorneys have been dealing with this with theory in regards to breath and blood testing. Essentially when it came to the refusal of breath or blood testing during a trial a Prosecutor could argue to a jury that the reason a defendant declined a breath or blood test was because they had a “guilty conscious” or in other words they knew their blood alcohol level was going to be higher than the legal limit so they declined that test because they were going to fail.
Now prior to this recent ruling this argument could only be made when it came to breath or blood tests. So if a person declined the field sobriety tests during a DUI investigation although that evidence of the refusal could be admitted it was not allowed to show the “consciousness of guilt” theory. In other words the Prosecutor couldn’t argue the driver declined the field sobriety tests because they knew they were going to fail. But now that is not the case and a Prosecutor can argue they didn’t take the test because they knew they were guilty.
Here is my issue with this ruling. Although introducing “consciousness of guilt” on a breath or blood test refusal sucks, I kind of get it. Heck when a driver in WA gets their drivers license there is an implied consent that they will take the test and if they don’t that refusal will be used against them in trial. The driver is informed of this prior to making that decision and they make that decision knowing and intelligently based on that understanding.
However when it comes to field sobriety testing it is completely voluntary. Heck their admissibility depends on the tests being taking voluntarily. And from what I hear the police are not going to be advising people the refusal of these tests can be used against them in a criminal trial. So now if a person exercises their right to decline these voluntary tests and they go to trial. The Prosecutor can turn around and say they declined these tests despite being voluntary because they were drunk and they knew they would fail. I think this is a flawed reasoning and it should be interesting to see what happens at the Supreme Court level.
So what is my advice as a Seattle DUI Attorney? If you’re being investigated for a DUI in WA and the investigating officer asks you to take these field sobriety tests. You should still politely decline them. Although what I would suggest is perhaps changing how you do that.
I have always preached that prior to answering any questions or doing any tests you inform the investigating officer you wish to speak with an attorney prior. 99.9% of the time they will say you’re not under arrest and they are not going to put you in contact with an attorney. So just inform the Officer that you don’t feel comfortable doing anything without first speaking with a lawyer. At least this way if you end up in a trial and the Prosecutor tries to play the “consciousness of guilt” card it may not have the same effect.
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About the author: Matthew Leyba is a DUI Lawyer in Seattle, WA. He is rated as a perfect 10 out of 10 by Avvo.com when it comes to DUI Defense. He has also been repeatedly named a Rising Star in the field of DUI Defense by the Seattle Met Magazine, an honor only 2.5% of all lawyers receive.
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.