Tag Archives: dui advice

Everything You Need to Know About Getting Community Service for a DUI

April Apr, 2018 Matthew Leyba Leave a comment

Wondering if you can do community service as repayment for your DUI? Hoping you can reduce a hefty fine or stay out of jail by doing community service? Keep reading and learn everything you need to know about getting community service for a DUI.

In this article, we will cover the following:

Can You Get Community Service as Your DUI Sentence?
When You Can’t Get Community Service for a DUI
Community Service and Community Work Crews
Your Best Chance at Community Service After a DUI

We hope this article helps you get ready for your DUI case. If you’re facing a DUI charge in greater Seattle, WA, and you need a DUI criminal defense attorney, contact us at Leyba Defense PLLC. We’re here to help you form the best defense possible for your DUI criminal case.

Can You Get Community Service as Your DUI Sentence?

Not long ago in King County, Washington, performing community service as a result of a DUI was somewhat common. If you could get your DUI reduced to a lesser charge, that sentence often included 30 – 50 hours of community service.

If you’ve been arrested for a DUI, and this is your first offense, you may be able to reduce your charges. If the judge and prosecutor agree to a reduced charge, community service may be an option for you.

To qualify for court-mandated community service work, the defendant must be able to complete the work and have opportunities for community service available in their community. Other requirements for community service include sobriety during community service work, meeting all community service dates, and complying with the standards (safety, dress code, etc.) set by the community service provider.

When You Can’t Get Community Service for a DUI

In the past few years, less DUI defendants have been able to reduce their charges and receive community service as part of their sentence. While there could be a few reasons why, this is what we’re seeing in the King’s County courtroom:

Today’s Courts Offer Community Work, not Community Service. These two things may sound the same, but they’re drastically different. Community service involves volunteering for any non-profit that will have your help. Community Work Crews perform hard manual labor for the community – like picking up trash on the highway or removing graffiti. Community work also has more red-tape and requirements involved (see the next section for details). Due to the logistics and workload, today’s courts are hesitant to assign defendants to Community Work Crews.

Only Community Work Crew Hours can be State Verified. For Community Work Crew hours to count toward a criminal sentence, a Washington state work monitor must be appointed to your case. It’s their job to keep an eye on you and make sure you comply with your community work requirements. This costs the state more time and more money – and there are only so many monitors available. Sometimes it’s more convenient for the state to charge you with a fine or jail sentence.

Community Service and Community Work Crews

You’re unlikely to receive community service as part of your DUI sentence. Because these agencies aren’t government run, there is no official structure or oversight in place. Completing community service is the sole responsibility of the defendant. It’s too easy for a defendant to skip out on their community service. If they get caught, that means going through the sentencing process all over again.

Community Work Crews are run by the state and monitored by the Department of Corrections. The defendant attends an orientation date, selects their method of community service and is given a schedule. They must regularly check-in with their case monitor and meet all the requirements set forth by the state. Community Work Crews can be somewhat “looked down upon” because they essentially provide free hard labor.

In summary, if you’re lucky enough to have your DUI charge reduced to a lesser sentence, your sentence is more likely to involve a Community Work Crew than it is community service.

Your Best Chance at Community Service After a DUI

If you’ve been arrested for a DUI, and you want to get your sentence reduced to community service, you need a good defense attorney that will fight for you.

At Leyba Defense, our track-record speaks for itself. We gather evidence, question witnesses and do everything in our power to give you the best defense possible. Our goal is to reduce your charges, get you a lesser sentence, or have your DUI arrest completely dismissed.

No DUI attorney can guarantee they’ll get you community service – but, only a knowledgeable and dedicated lawyer can pursue that option effectively for you. At Leyba Defense, we can guarantee the following:

Firm owner and head lawyer Matthew Leyba gives his personal attention to each case.
We will not rest until you have the best possible criminal defense.
Our defense doesn’t stop until we reach a result that satisfies you.

Don’t wait another moment. Get yourself the DUI criminal defense you deserve. Hire Matthew Leyba as your DUI defense attorney. Contact us for your free consultation.

DUI News

A breath test can be disclosed in a DUI jury trial opening statement thanks to recent decision

April Apr, 2016 Matthew Leyba Leave a comment

Recently the Washington State Court of Appeals Division One expanded on what can be said in an opening statement involving a DUI breath test and to nobody’s surprise it is a very Prosecutor friendly ruling. Traditionally the opening statement by the Prosecution in a criminal DUI jury trial outlines the facts of their case, who and what their witnesses will testify to, and how they will prove the Defendant is guilty beyond a reasonable doubt. In my experience the Prosecutors were never allowed to tell the jury what the breath test reading was because it had not been admitted into evidence yet. Prosecutors would always try and argue they should be allowed to disclose it because it was evidence they reasonably believed would be admitted.

A Breath test can now be revealed in an opening statement

In all the years I have practiced criminal defense I can’t think of a time where a Judge allowed a Prosecutor to disclose the specific alcohol reading to the jury in opening statement. Well that is about to change thanks to a recent Court ruling by the Washington State Court of Appeals in City of Puyallup v. Spenser. In that case a Prosecutor mentioned the defendants breath test was a .11/.12 to the jury in a DUI trial. The Defense Attorney objected and argued for a mistrial. However the Court overruled the objection. The defendant was later convicted of a DUI. The defendant appealed to the Superior Court which reversed the conviction, however the Court of Appeals reversed that decision and here we are.

What happens now in DUI cases with a breath test

So what does that mean moving forward? It means Prosecutors can now tell the Jury what a breath test is in their opening statement. Now is it really a big deal if the breath test became admissible anyway. Maybe not, but that is not the point. It is a big deal because what if the breath test is later found to be inadmissible due to some foundational issue or the Prosecutor just screws up. What happens then? Since the Prosecutor was allowed to disclose this number in the opening statement the Jury is going to know there was a breath test, what that number was, and don’t think for a minute that will not creep into their back of their minds during deliberations. Even if a Judge tells them they are not to consider it, you cannot un-ring that bell, you cannot undue what they heard. And that is the problem with this ruling.

As a criminal DUI defense attorney in Seattle I have litigated well over a hundred jury trials. And in most cases the Prosecutors don’t screw up, and they are able to introduce the breath test ticket as evidence. However I have had cases where the Prosecutors did screw up and they were not allowed to introduce the breath test ticket. In those cases the jury never heard of my clients alcohol level because the Prosecutor was not allowed to disclose that in opening statement. The ruling in the Spesner case no longer affords defendants that benefit. And that is a shame.

Blog, DUI Advice, DUI Tips

6 Tips to Avoid a Holiday DUI

December Dec, 2015 Matthew Leyba Leave a comment

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.

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.

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.

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.

DUI Advice

New YouTube Video on 4 Steps to Take After a DUI Arrest

November Nov, 2015 Matthew Leyba Leave a comment

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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The Penalties of a Seattle DUI

September Sep, 2015 Matthew Leyba Leave a comment

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.

penalties-DUI-leyba-defense seattle

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.

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.”

DUI-defense-attorney

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

DUI lawyer in hot water over controversial DUI checkpoint advice

January Jan, 2015 Matthew Leyba Leave a comment

I recently read about a DUI lawyer facing a little heat this year over some controversial advice he provided in Florida over DUI checkpoints. In Florida, where DUI checkpoints are legal, this DUI lawyer blogged that motorists should put their license, registration, proof of insurance, and a flyer in a plastic baggie attached to the exterior of their vehicle and then roll up the driver’s window as they approach the checkpoint. The flyer would state things such as, “I remain silent,” “no searches,” and “I want my lawyer.”

The thinking behind this idea is the law enforcement officer would see the flyer, perhaps review the license and registration and then waive the driver through the DUI checkpoint. Because the flyer essential would state the driver is not going answer any questions, then arguably, the police officer shouldn’t ask the driver to exit absent any specific or articulable observations of impairment made by the police officer.

I personally think this idea might cause the opposite of what this DUI lawyer was thinking. By employing this tactic, aren’t you drawing attention to yourself? Let’s be honest here if a police officer wants to get someone out of their vehicle, it doesn’t take a whole lot. Any little traffic infraction, any little possible sign of impairment, and the cop is just going to use that as an excuse to see what is really going on with the driver using this flyer tactic. Even though under Florida law, something like this would be legal, it is my opinion that it would be stupid to do, especially if you have been drinking. Unless you’re completely sober and you want to just mess with the police, I wouldn’t advise a driver would do this.

If you’re interested, here is the link to the article from the ABA journal where is saw it.

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About the author: Matthew Leyba is the owner of Leyba Defense PLLC, the premier DUI law firm in Seattle. Matthew has been repeatedly recognized as a Rising Star in the area of DUI defense by the Seattle Met Magazine. Additionally, he was recently named a Top 40 under 40 criminal defense lawyer in Washington State.