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DUI Advice, DUI Tips

8 Steps to Take When Pulled Over for a Seattle DUI and You Have Been Drinking

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Getting pulled over on suspicion of DUI can be scary, regardless of how much you’ve had to drink. Even if you have only had a drink or two, you face the very likely possibility of being arrested for a DUI. As an experienced Seattle DUI attorney, there are many things I recommend that you do for your own protection when pulled over for a DUI.

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1. Provide your license and vehicle information to the police officer

When pulled over for a DUI in Seattle, one of the first things the officer will ask is for your vehicle information — driver’s license, registration, and proof of insurance. It is very important that you provide these items right away.

2. Be polite

Bad behavior is often a sign of intoxication and officers are trained to watch for this. It has also been found that prosecutors are less likely to negotiate in cases where the defendant was rude or aggressive towards the officer. You will only make matters worse if you become argumentative. When pulled over, it’s prudent to be polite and courteous.

3. Answer “yes” if you have been drinking

Many Seattle DUI attorneys may say to lie when the officer asks if you have been drinking, but this is not advised. If you have been drinking, be honest, say you have had something drink. Lying about or minimizing the amount of alcohol you have consumed will not help your case.  However, it is important that you don’t answer how much unless you have really only had one drink.  

At this point, one of two things will happen. The officer will either ask you how much you have had to drink or to exit the car to perform the field sobriety tests.

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4. Ask to speak with an attorney before answering any questions

Remember, talking your way out of a DUI is rarely successful for offenders, so it is best to refrain from making statements that could harm your case. A professional Seattle DUI attorney can help you know what you should and shouldn’t tell the officer.

If the officer asks how much you have had to drink, politely decline to answer and say you would like to speak with an attorney before answering any questions. In the instance that you have truly only consumed one alcoholic drink, then just be honest. The officer will probably say you’re not under arrest, so you don’t have the right to consult with an attorney. This is true, but make sure you say you would prefer to speak with an attorney before answering any questions.

5. Ask to speak with an attorney before taking the portable breath test

This is another test that should be avoided until you have spoken with a Seattle DUI attorney. A portable breath test or preliminary breath test is a small device that, when blown into, can provide a breath alcohol level reading at the scene of the traffic stop. Again, these tests are voluntary and should be avoided.

According to the State Toxicologist, portable breath tests have been deemed unreliable and can not be used as evidence in a trial. These tests are used only as a means to establish a basis for a DUI arrest.

6. Ask to speak with an attorney before performing any sobriety tests

If the officer asks you to perform any field sobriety tests, say you would like to speak with an attorney before performing these tests. The Standardized Field Sobriety Tests are one of the most common ways for an officer to establish a basis for arresting someone on suspicion of DUI.

Although these tests are voluntary, in my opinion, they are designed for people to fail. Officers are trained to look for specific clues to help make a determination on whether or not they believe you are intoxicated. Factors such as physical limitations, fear of arrest, the location of the test, etc. are not taken into account when these tests are administered. Since these tests are not objective, failing these tests is common even when the test taker is completely sober.

Additionally, under current case law, if you “refuse” or “decline” to take these tests, it can be used against you the same way a “refusal” of the breath test can be used against you.  Because of this, it is very important to request to speak with an attorney and not simply “refuse” or “decline” the tests.  

7. Ask for an attorney immediately after being arrested

If the officer deems it necessary, you will be arrested for DUI at this point. If this does occur, immediately ask for an attorney. It is important to maintain your silence until your attorney arrives or until you speak with one over the phone. Once you get in contact with your attorney, he or she can advise you on whether to answer questions or take any tests.

8. Speak with an attorney before taking a breath test at the police station  

Once you arrive at the police station, you will likely be asked to take a breath test. You have the right to request to speak with an attorney before taking this test as well. Your Seattle DUI attorney will advise you on whether or not you should take the breath test as well as any other options you may have.

If you have been arrested for a DUI in Seattle, having an experienced DUI attorney on your side to help answer any questions is very important. For a free 60 minute, no pressure, and completely confidential case consultation contact Matthew Leyba today at 206.504.3131.

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Blog, DUI Advice, DUI Tips

6 Tips to Avoid a Holiday DUI

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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.

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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.

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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.

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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. 

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Blog

The Penalties of a Seattle DUI

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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.


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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.”

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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 Advice

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

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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.