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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You tube video on What Happens at a DUI jury trial
Seattle DUI lawyer Matthew Leyba discusses the different stages of a DUI jury trial in his latest you tube video blog
What is an alcohol and drug evaluation in a DUI case?
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.
Is it possible to get a DUI on a Washington State ferry?
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.
How to get rid of that pesky ignition interlock device following your Seattle DUI arraignment
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
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