Tag Archives: dui arrest

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.

DUI Advice

Is it possible to get a DUI on a Washington State ferry?

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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.

Blog, DUI Advice, DUI Tips

What happens if you take the breath test following a DUI arrest

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08-300x300One of the most common questions I get asked by anyone and everyone is what happens if I take the breath test if I get arrested for DUI. In fact I was at a great restaurant over the weekend (Brimmer & Heeltap in Ballard) and I started talking with the couple next to me. When they found out I was a Seattle DUI Attorney that was the first question they asked. So it got my thinking why not write a blog post about it. So here you go…

What happens if you take the breath test following a DUI arrest. Well a couple different things can happen:

First if you take the breath test and there is a reasonable amount of alcohol in your system. I would say anything above a 0.03 then you’re getting charged with a DUI. That may actually surprise a lot of you. And in fact I recently wrote a blog post about how you can get possibly arrested and convicted for a DUI with only 1 drink in your system. A 0.03 is about that limit. Now whether you actually get convicted of a DUI with a alcohol level that low is another story. True story: As of writing this post Leyba Defense PLLC has never lost a DUI jury trial where the alcohol level was below a 0.08.

Secondly if you take the breath test and your alcohol level is at or above 0.08 then you’re definitely going to get charged with a DUI. But you’re also going to face a possible administrative action with the Washington Department of Licensing. What this means is if this is a first offense and you have never been arrested for a DUI before and you take the breath test and you blow over the legal limit then you’re facing a 90 day loss of your license or privilege to drive in WA State.

Thirdly if you take the breath test and your alcohol level is at or above 0.15 then you’re facing increased penalties in the criminal case. This would include more jail, more fines, and a longer drivers license suspension. You’re also facing the same administrative action with the Washington State Department of Licensing as if you were below a 0.15 but above a 0.08.

So what to take away from this. If you take a breath test and you’re below the legal limit you most likely will still get charged with a DUI. If you take the breath test and you’re above the legal limit then you most definitely will get charged and you face a separate legal action with the Washington Department of Licensing. Tomorrow I will discuss what happens if you don’t take the breath test at the police station following a DUI arrest.

About the author: Matthew Leyba is a DUI Lawyer in Seattle, WA. He is rated a perfect 10 out of 10 by Avvo.com, and has been repeatedly named a Rising Star in the area of DUI Defense by both the Seattle Met Magazine, and the Super Lawyers Magazine, an honor less than 2.5% of all lawyers receive in their particular area of practice.

DUI Advice, DUI Risk, DUI Tips

When to expect a court date following a DUI arrest in King County

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One of the most common questions I get asked whenever I speak with someone who was recently arrested for a DUI in King County. Is when will my first court date happen? A few years ago this was more difficult to guess due to the delayed filings of DUI cases that routinely happened in King County. However, DUI cases are now being filed more consistently and thus it is easier to tell someone when to expect that unpleasant letter in the mail.

To pinpoint exactly when to expect that first DUI court date. Two things need to be known. First, who was the law enforcement agency that arrested you? Secondly was there a blood test involved. So let’s go over all the possible scenarios.

If you were arrested by the Seattle Police Department. Then the arresting officer will give you notice of your first court date personally. This is typically 2-3 business days following the DUI arrest. Your first hearing will be in the Seattle Municipal Court. This assumes there was no blood test involved. Because a blood sample needs to be analyzed by the State Toxicologist office this can delay the filing 2-3 months. If this applies to you then you will receive a letter in the mail from the Seattle Municipal Court in that time frame informing of your a Court date.

If you were arrested by the Washington State Patrol then your DUI case will be filed in one of the King County District Courts. The Courts that would be applicable to hear the DUI case would be in Redmond, downtown Seattle, and at the Regional Justice Center in Kent. Unfortunately, it can be difficult to expect where the DUI case will be filed if the arresting officer is not known. In other words, let’s say you were arrested in Seattle. Conventional thinking would suggest the DUI case would be in the downtown Seattle court, but that is not necessarily true. Depending on how the arresting officer was it could be in Redmond or in Kent. An experienced DUI Lawyer would be familiar with most of the Troopers who arrest in Seattle for DUI and can give advice on where to expect the DUI charge filed based on prior experience with that Trooper.

Let’s say you were arrested by a local law enforcement agency in the outlining eastside cities. Such as Redmond, Bellevue, Issaquah, Newcastle, Mercer Island, etc. Typically these cases take a little longer to get filed. Usually around 30 days. So expect a letter in the mail informing of that first DUI court date.

Law enforcement agencies in South King County seem to be a little sooner in filing DUI cases. Des Moines, Tukwila, Auburn seem to file DUI charges relatively quickly. Often times seeing a Judge the next day following a DUI arrest.

The law enforcement agencies in North King County typically file within 30 days. So in Shoreline, Lake Forest Park, etc. You will get a letter in the mail much the same way the Eastside cities do it.

Obviously things can vary from jurisdiction to jurisdiction. But if you’re facing a DUI offense in King County speak with an experienced DUI lawyer to help navigate you through the process, explain where your DUI case will be, and when to expect that first court date.

DUI Advice, DUI News, DUI Risk, DUI Tips

Under no circumstances should you try to game an ignition interlock device

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I recently saw a report from KIRO News here in Seattle about a woman who tried to game an ignition interlock device. Apparently, this woman was required to have one installed due to a prior DUI arrest. She then was trying to allegedly game the system by having her boyfriend blow into the ignition interlock device when she should have been. Unfortunately for her most ignition interlock devices have cameras installed to try and prevent this from happening.

As a Seattle DUI Attorney, I have come across all sorts of ways people try to beat an ignition interlock device. In case you don’t know what an IID is and how it can be imposed here you go. Ignition interlock requirements. However in my opinion that is the stupidest thing a person can do and here is why.

Following a DUI arrest most people have to appear in Court to formally enter a not guilty plea on the charge. If the Judge were to impose an ignition interlock device at the arraignment then most likely the Judge also imposed an abstain condition as well. In Seattle, this happens quite regularly, especially in places like the Seattle Municipal Court.

If you try to game the ignition interlock system you most likely will be caught. The ignition interlock company will notify the Court where your DUI case is. The Judge will then set a hearing to address the release conditions. Keep in mind at this hearing that a Judge only needs to find by a preponderance of the evidence the release conditions have been violated. If that is the case then criminal rule 3.2 allows a Judge to amend a release order. If a Judge has ordered an ignition interlock device and an abstain condition, then they will only go one direction in amending that order. This would be an increase in any bail amount, and probably a SCRAM bracelet.

So unless you want to spend the duration of your DUI case in jail, or you want to drop an extra $400-$500 a month on a SCRAM bracelet then just don’t have a drop of alcohol and drive when you have an ignition interlock device in your vehicle. It’s that simple.

Oh and in case you were wondering about that news report on KIRO with the woman who tried to game her IID. She is now in custody after the ignition interlock company notified the Court of her violations. Additionally, the pictures taken from the ignition interlock device show she had a 3-year-old in the backseat. My guess is she and her boyfriend will be facing some new charges. Probably a reckless endangerment or something along those lines. It’s not worth it.

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About the author: Matthew Leyba is a DUI Lawyer in Seattle. He is rated as a 10/10 by Avvo.com when it comes to DUI lawyers in the Seattle area. He has also been repeatedly recognized as a Rising Star in the field of DUI Defense by the Seattle Met Magazine, an honor less than 2.5% of all Lawyers in Washington State receive.

DUI Advice, DUI Risk, DUI Tips

How to be proactive following a DUI arrest

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If you have been arrested for a DUI then time is of the utmost importance. In order to get the best outcome possible a driver arrested for a DUI needs to be proactive when it comes to three aspects of the DUI case. Not only will this help you as the accused in a DUI case, but it will help your DUI lawyer better represent you. To learn what these three aspects are continue reading.

First you need to stop drinking and discontinue use of any other substance (i.e., marijuana, illegal narcotics, etc). Whether this is your first DUI arrest or your second it doesn’t matter. Why do you need to stop drinking alcohol and using marijuana? You will have to get an alcohol and drug assessment. If you test positive during the urinalysis test, or you tell the counselor you have continued to drink following your DUI arrest then the counselor may find you have a problem. That’s bad. Which brings me to the second thing you should do.

Secondly you need to schedule an alcohol and drug assessment. Why? Unless your DUI charge gets completed dismissed, which is very rare. The Judge is going to require you to get one. You might as well get it done ahead of time. Additionally it gives your DUI lawyer more information to present to the Prosecutor about how you are. Remember all the Prosecutor knows about someone who is charged with DUI is that they drank and drive. They don’t know anything else. The more ammunition your DUI lawyer can go into the negotiation with about your character the better it will be for you.

Lastly hire yourself a DUI lawyer. A lawyer that exclusively practices DUI defense. Not one that does it part time, or one that does it occasionally. One that doesn’t do anything else. Why is this important? Let’s take Seattle for example where I practice. I see Lawyers in Court all the time who don’t do this regularly. They don’t know the Judge, they don’t know the Prosecutor, they don’t know the Court procedures, or even the Cops. And in my opinion as a DUI lawyer who practices in Seattle they are a step behind because of this. And that only ruins their clients chances of getting a reduced DUI charge.

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About the author: Matthew Leyba is a DUI lawyer in Seattle, WA. He has repeatedly named a Rising Star in the field of DUI Defense by the Seattle Met Magazine, an honor only a fraction other Seattle DUI Lawyers receive. He is also rated a 10/10 by Avvo.com and listed as a Superb DUI lawyer.