With the legalization of Marijuana in Washington state, law enforcement agencies are now facing new challenges that really hadn’t occurred with traditional alcohol related DUI cases.  One such challenge is securing timely evidence in the form of a specific marijuana level to use in the prosecution of marijuana DUI cases. This occurs via a blood test and can be time consuming when the DUI investigation is all said and done.

Traditionally if a driver is arrested for a marijuana DUI. The arresting officer has to take the driver back to the police station. Manually fill out a form, then call a Judge, and read the probable cause statement over the phone and request a search warrant for the blood. In all honesty this is not that difficult however law enforcement is always looking for better ways to secure evidence against suspects. And that’s where the new blood warrant application system comes in.

From what I hear this will be a first of it’s kind in the country. It will all be electronic and should expedite the process much much quicker in securing these blood warrants to use in DUI cases. Now instead of manually filling out a form, calling a Judge, reading the probable cause statement  The law enforcement officer will log onto a website and enter all the relevant data and send it directly to a Judge. This will all happen in real time and potentially could be done on the way to the hospital or even there I suspect.

The concern for law enforcement is going the traditional route with search warrants for blood is that it was too time consuming. And the evidence was dissipating from the suspects system.  Whether it was alcohol or marijuana, law enforcement and Prosecutors wanted a higher level and waiting a couple hours ran the risk of that specific level decreasing. Now with this new system that won’t be as much of a problem for DUI cases in King County and elsewhere in Washington state.

If you’re interested in reading more about “Elias” the name of this new application process click here.

About the author: Matthew Leyba is a DUI lawyer in Seattle, WA. He has been named one of Seattle’s best DUI Lawyers by the Seattle Met Magazine. Additionally he is rated a perfect 10 out of 10 by Avvo.com, a lawyer rating service.

A recent case came out from the Washington State Court of Appeals Division 1 that *shocker* is in favor of the defense. The case is State v. Martines. From my reading of the opinion this potentially could be a big deal that may result in blood test DUI cases that came from a search warrant being suppressed. It’s more of a technical issue that was raised for the first time on appeal, but I have to tell you it’s pretty dang smart and kudos to the appellate attorneys that raised it.

Essentially the court held the extraction of blood from a drunk driving suspect is a search. This isn’t news and everybody should know this by now. However testing the blood sample is a second search. The Could held it is distinct from the initial extraction because its purpose is to examine the personal information the blood contains. Therefore the State may not conduct tests on a lawfully procured blood sample without first obtaining a warrant that authorizes testing and specifies the types of evidence for which the sample may be tested.

Like I said this is a technical issue that can easily be fixed. In fact I suspect every Prosecutor’s office is checking their search warrants and adding the additional language that any blood test can be analyzed for alcohol, marijuana, drugs, etc. If the search warrant didn’t contain that language initially I’m not sure what will happen on the Prosecutors side. I know the Defense will be challenging the blood test results, but if the Court simply allows the search warrant to be amended and the remaining vials of blood to be retested for the specific substance than I guess that would be an easy fix. But like I said I have no idea what Prosecutors are planning.

Anyway it should be interesting to see how things unfold in the near future. Nowadays anytime a person refuses a breath test or if they get arrested for a Marijuana DUI then they are getting a blood test. Thanks to the Supreme Court a search warrant is now required anytime there is a blood test. So like I said before this could affect a lot of cases in Washington State.

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About the author: Matthew Leyba is a DUI lawyer in Seattle, WA. He has been named as one of the best DUI lawyers in Seattle by the Seattle Met Magazine, and Super Lawyers Magazine, an honor less than 2.5% of all lawyers receive in their practice area. Additionally he is rated as a 10 out of 10 by Avvo.com, a lawyer rating service.

Several law enforcement agencies will be conducting DUI emphasis patrols in the Seattle area over the 4th of July weekend. This is a busy time of year with good weather, July 4th festivities, and boating season underway. Therefore it is a prime time to get a possible DUI if you have been drinking and decide to drive. I may seem like a broken record but here is some advice if you find yourself being investigated for a DUI in the Seattle area.

First off do not have a single drink and drive. I know there is a legal limit of 0.08 and that suggests it is legal to have a drink and then drive. But I’m here to tell you that is not how things are working these days. If you have a single drink and you get contacted by a police officer. You will get arrested for DUI. It’s that simple. There is no such thing as a legal limit in the eyes of the police and Prosecutors. I know that is unfair, and it is B.S., but that is how things have become over the past 2 years. But if you do decide to have a drink and then drive here is some advice you should follow.

Be polite. Don’t get upset at the police officer. Don’t curse the police officer. Just say yes sir, yes ma’am and let them do their business. At this point you will only hurt yourself more if you act like a jerk. Remember police officers have audio video equipment in their patrol vehicle. Especially in Seattle. So that little tirade you went on. Well that is no evidence against you. And as a DUI Attorney in Seattle let me tell you, it’s pretty difficult to make that stuff go away. So just be polite.

Ask to speak with a lawyer. Ask this before you do any field sobriety tests. Ask this after you get arrested for the DUI. Ask this at the police station before you take the breath test. Always ask for a DUI Attorney I cannot stress this enough. This is so important for the defense of a DUI that in my opinion any person arrested for DUI should be automatically given access to an attorney by default. That won’t happen so you need to ask for one.

If you go out this July 4th weekend and you find yourself stopped by a police officer. Ask for Leyba Defense PLLC. I’m available 24/7. Seriously whether you hire me, or someone else, or go at it alone. It doesn’t matter. I will answer the phone and be there to guide you through the process.

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About the author: Matthew Leyba is a DUI Attorney in Seattle. He was recently named a 2014 Super Lawyer Rising Star in the area of DUI Defense, only 2.5% of all lawyers receive that award. He is also rated a perfect 10 out of 10 by Avvo.com

As a DUI Attorney in Seattle I see this scenario every day I go to work. Somebody is out where they have a drink or two and then decide to drive home. On their way home they get pulled over by a police officer for committing a minor traffic infraction. And boom next thing they know they have been arrested for DUI and they need a DUI Attorney. But how does it go from driving home to facing a DUI charge. Well let me tell you.

First if you have had anything to drink. Regardless of how much or how little. If you’re driving and you get pulled over by a police officer you will get arrested for a DUI. Especially in Seattle and in King County where the police seem to be really cracking down.

Here is the typical sequence of events for the initial contact between the police officer and driver. A driver gets pulled over. The officer contacts the driver. Asks for license and other vehicle information. At this point if the officer smells an odor of alcohol, or if they detect slurred speech, or if the driver has bloodshot watery eyes. Then they typically ask if they have been drinking. Now regardless of the answer the Officer will ask the driver to exit the vehicle.

Now a full blown DUI investigation is about to take place. The Officer may ask the driver again if they had anything to drink. The officer may start asking more detailed questions about the consumption. Things like when was your last one, how much exactly did you drink, what did you drink. Stuff like that. Keep in mind during this entire time the police officer is documenting everything the driver says. For example if the driver was slow to exit, or fumbled for the rights words because they are nervous. This will all be used against you.

At this point the police officer will ask the driver if they want to do some “voluntary” field sobriety tests. Although they are not typically phrased in the way where the driver actually believes they have a choice in doing them. The first test done is usually the horizontal gaze nystagmus test, followed by the walk and turn test, then the one leg stand test. If the officer has a portable breath test then that will be last.

Now I have never heard of someone getting let go after they complete the tests. Heck I have had clients pretty much score perfectly on the tests, or I have had clients take the portable breath test and be significantly lower than the legal limit. And they all got arrested the same as someone who couldn’t stand and threw up on the cop.

From here the driver is taken to a police station where they will be asked to provide a breath test. The Miranda warnings are usually read here as well as the implied consent warning. If the driver was cooperative and it was their first DUI arrest they most likely will be released, unless of course the police officer is a total A-hole. Then they will get booked into custody. Unfortunately this time of life altering decision is left to the discretion of the police officer. Some will be jerks and some will not.

So there you go. Once released the driver will have to wait at least 12 hours before picking up their car at the tow yard. And then the wheels of the criminal legal system slowly move and the criminal case begins.

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About the author: Matthew Leyba is a DUI Attorney in Bellevue and Seattle, WA. He is rated a perfect 10 out of 10 by Avvo.com, and was recently named one of the best Seattle DUI lawyers by the Seattle Met Magazine.

I was recently in a local municipal court here in the Seattle area representing a client on a DUI charge.  While we were waiting for our case to be called a DUI sentencing was going on.  Most of the time I don’t pay attention to these, or I’m busy talking with my client or doing emails.  But this was a really weird case and I couldn’t help but listen in.  It was something I never thought I would hear and certainly something I never thought a defendant would do.

From what I could piece together from the sentencing.  Apparently a driver was stopped for DUI.  The police officer didn’t conduct any tests and just told the driver to park the car, go home, and not drive the rest of the night.  Incredible, right?  I mean this driver must have used up all 9 of their lives.  I have never heard of such a thing and I deal with this stuff for a living.

But that is not the crazy part of the case.  Despite being let go and not arrested for a DUI.  The driver decided to disregard the break of a lifetime and decided to drive.  The same cop stopped the driver and they were arrested for a DUI.  Now the kicker was the breath test was over a 0.20.  For those that don’t know the legal limit is 0.08.  That means the driver was almost 3x over the legal limit.

The more and more I thought about this case the more pissed I got at this officer and driver.  First as a DUI Attorney in Seattle I have represented many people charged with DUI when they were below the legal limit.  Why weren’t none of them given a break, I mean after all they were below the legal limit.  And here is someone who is almost 3x over the legal limit and they were let go.  This just doesn’t seem fair.

Secondly as resident of Seattle, how can a police officer let someone go who is that bombed?  I mean I could totally see if they were right at the legal limit or even under.  Letting someone go would be totally understandable and in many situations the right thing.  But to be 3x over and you let someone go only to see them continue to drive.  How dangerous is that?

Anyway here is my free advice for the day.  If you have been drinking and you get stopped by a police officer and they don’t arrest you and instead say to park your car and find another way home.  Thank your lucky stars and go buy a lottery ticket because you’re the luckiest person in the world.  But under no circumstances should you get back in your car and press your luck again.  That’s just plain stupid!

Once a DUI criminal case starts it’s important for the accused to understand what they must do to ensure they stay in compliance with all Court orders and stay out of jail. One such order and way to stay out of jail is to obey any conditions of release that get set at the DUI arraignment. These conditions of release are the conditions a Judge sets when releasing someone on their own recognizance. In other words the Judge says I will not hold in you in custody while the case is pending as long as you follow these instructions.

Typically these conditions include the following in a DUI case: no drinking and driving, no driving without a valid license and insurance, no new criminal law violations, come to court, and in some cases completely abstain from alcohol and or non-prescribed drugs. So what happens if the accused doesn’t follow these orders. They face the Judge revoking release and setting bail conditions, or increasing the conditions of release when they are not followed.

Here are the two most common examples I see as a DUI Attorney of someone not following a Judge’s order of release.

Drinking and driving has to be number one on this list. This includes the obvious. Someone has a pending DUI but then they get arrested for a subsequent DUI. If this happens then that individual is facing some serious consequences from a Judge. Including but not limited to a significant increase in bail, ignition interlock requirements, or in some cases home detention or daily breath testing to ensure sobriety. This is not good when this happens and completely changes everything in terms of negotiating and possibly resolving the first DUI case.

The other way someone violates this condition is if they get caught drinking alcohol and attempting to drive. This happens when one of the original conditions of release included an ignition interlock device requirement. The monthly results usually get sent to the Court and if someone attempts to drive after drinking and the IID detects alcohol the Court will find out. Now there are ways this can be challenged at a bail revocation hearing, although that is for another blog post.

The second most common example is when people drive without a valid license and insurance. This is actually pretty common in a DUI case because a driver’s license can be suspended before the criminal case is adjudicated. The driver may not be aware of this and all of a sudden they are driving with a suspended license. If they get pulled over and cited, guess what. The Court will find out about it and they will be in the same boat as the individual who chose to drink and drive. Although this is not as serious as someone getting a subsequent DUI it still jeopardizes the pending DUI and now the individual is most likely facing a subsequent criminal charge of driving while license suspended.

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About the author: Matthew Leyba is a DUI Lawyer in Seattle, WA. He is rated a 10 out of 10 by Avvo.com, a lawyer rating service. Additionally he has been repeatedly named one of the best Seattle DUI Attorneys by both the Seattle Met Magazine, and the Super Lawyers Magazine.