Tag Archives: dui arraignment

DUI Advice, DUI Risk, DUI Tips

How to get rid of that pesky ignition interlock device following your Seattle DUI arraignment

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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

DUI News, DUI Tips

656 DUI arrests in King County during six week crackdown

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Law enforcement officers in King County arrested 656 drivers for DUI during the “Drive Sober or Get Pulled Over” campaign from Nov. 27 through Jan. 1. Mind you that is just in King County. Statewide officers arrested 2,723 drivers for DUI. If you’re wondering how that compares to last year. In 2012 in King County, during the same time period, officers on routine and extra patrols arrested 795 people for DUI. Thus there was quite a significant decrease in my opinion.

The extra patrols were funded by a grant from the Washington Traffic Safety Commission. The commission has gone on record saying “the holiday season is an important time for these patrols, given the number of holiday festivities that often involve alcohol. These and all extra patrols are part of Target Zero—striving to end traffic deaths and serious injuries in Washington by 2030.”

If you were arrested for DUI in King County during this period then chances are you will be receiving notice in the mail for a Court date, if you haven’t already. That notice is for your DUI arraignment. In King County the DUI arraignment procedure varies from Court to Court. But essentially this is where you will enter a formal not guilty plea. The Judge will set a few conditions you have to follow while the case is going on. These range from simply staying out of trouble to bail, SCRAM, or IID requirements depending on the severity of the crime and the criminal record. Once those conditions are set then you will be given a new Court date called a pretrial hearing.

I have previously blogged about whether you should bring your own King County DUI Attorney to your DUI arraignment. I am of the opinion you definitely should, especially if your breath test level was a couple points higher than the legal limit. In Seattle Municipal Court DUI’s for example if you have a breath test level at .10 or higher the Judges will always try to set bail and require an ignition interlock device for the entirety of the criminal case. Clearly having your own DUI Attorney there to object to these Seattle conditions is a good idea.

If you haven’t contacted a DUI Attorney in King County yet about your DUI arrest then feel free to contact Leyba Defense PLLC. I’m the owner of the firm and I speak with you about your situation, how I can help, and of course what your options might be. It’s a completely free no hassle consultation where hopefully I can put your mind at ease about the post-DUI arrest process here in King County.

DUI Tips

Should you bring your own Attorney to your DUI arraignment

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If you have been arrested for a DUI in the Seattle Bellevue area and you’re facing the first court hearing. Should you bring your own DUI Lawyer or just use the attorney of the day to answer the charges. In my opinion I think that if you’re planning on retaining your own Attorney, you should get that Attorney on board ASAP and bring them to the DUI arraignment. And here is why.

First of all this post is not meant to bag on the public defenders that appear at these DUI arraignment calendars. In fact if you get arrested for a DUI in Seattle and you go to the DUI arraignment in either Seattle Municipal Court or the Seattle District Court chances are I know the public defender that would be appearing on that calendar. And for the most part they are very good lawyers who are going to do the best job they can.

However if you’re in the market for a private DUI Attorney and if you’re contemplating holding off on that decision until after your arraignment. My advice is to make the decision as soon as you can or feel comfortable. and have your own attorney appear with you at the DUI arraignment. I think this is important for a couple of reasons.

First the public defender or attorney of the day is going to be extremely busy. In the Seattle District Court for example they will probably be helping anywhere from 30-45 other defendants that day. Obviously with so many other people they are not going to be able to speak in detail with each defendant, and something might be overlooked.

Secondly one of the factors a Judge will consider in setting bail, or an ignition interlock device, or worse yet a SCRAM bracelet. Is whether the defendant has any ties to the community? This would include occupation, number of years resided in Washington State, whether they own a home, married, children, etc. Anything that would show the defendant is not going to flee the State and will appear at all the mandatory hearings. An attorney you have met prior to that court date is going to know more about your background and will be able to explain this to the Judge more easily then some Attorney who just met the defendant that afternoon.

The last reason to bring your own Seattle Attorney to a DUI arraignment is you will get out of Court much much sooner. In fact if you have hired your own Attorney then the Judge will call those defendants first. So if there is a DUI arraignment calender of say 40 people. If you don’t have your own attorney then you will have to wait to the end of the calendar before your case is called. That is probably a difference of at least 2 hours. This may seem like a trivial reason but if you have to take time off work, or if the meter is going to expire after 2 hours then time saved is worth it.

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About the author: Matthew Leyba is the owner of Leyba Defense PLLC, a DUI Law firm located in Seattle, WA. He is rated as a 10/10 by Avvo.com among Seattle DUI Lawyers, and has been named a Rising Star in the field of DUI Defense by Super lawyers Magazine, and the Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive.