Tag Archives: dui cases

DUI Advice, DUI Risk, DUI Tips

What not to say to a DUI officer if being investigated for DUI

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In case you’re not familiar with this blog and reading it for the first time. I’m a DUI lawyer in Seattle, WA. I have been doing this area of law for almost 10 years and I have met and become friends with many Police Officers that investigate DUI cases here in the Seattle area. One of these Police Officers that I consider my friend recently discussed some funny statements that people make when being investigated for a DUI in Seattle. It got me thinking, what are some of the worst things to say to a Cop of you’re being investigated for a DUI so here you go in no particular order.

First don’t tell the Police Officer you know “so and so” who is a fellow Police Officer. Surprisingly people think that it is a good idea to bring up a friend who happens to be a Cop or a friend of a friend or family member. This is not a good idea. If you’re being investigated for a DUI in Seattle and you tell the DUI Officer that you know another Seattle Police Officer that is not going to help you and it’s only going to make it look like you’re trying to get out of the arrest. Trust me this will not help you when the Prosecutor is reading the police report.

Secondly don’t say or do anything rude. Yes it sucks to be investigated for a DUI, and yes it is horrible if you get arrested for a DUI. But do yourself and your DUI lawyer a favor and please be polite. If you can’t do that then please be quiet. The more rude you are all you’re doing is pissing off the DUI officer. They are not going to let you go, and most likely you will get booked into the King County Jail for DUI and spend the night there.

Thirdly please don’t say you’re almost home. I can’t tell you how many police reports I read where the first thing a driver says to the DUI officer is “I’m almost home can’t you just let me go.” First of all this statement is going to be used against you in the DUI criminal trial. Secondly the Cop is not going to let you go and will only take this as an admission that you know you shouldn’t be driving.

Lastly don’t tell the DUI officer that you’re going to hire a DUI lawyer and beat the case. It doesn’t sound good. And guess what. Let’s say you get arrested for a DUI in Seattle. You hire a DUI lawyer. That DUI lawyer is trying to negotiate with the Prosecutor for a reduction in charges. The Prosecutor contacts the Police Officer to get their opinion on a possible plea deal. You think the Police Officer is going to go along with any reduction if they remember that statement you made about taking them to court and beating the charge.

Look the best piece of advice I can give is just be polite and ask to speak with a DUI lawyer before you answer any questions or do any tests. It’s that simple. Nobody has ever talked their way out of a DUI arrest before and you will not be the first. And I have news for you. Regardless of what you think you know if there is an odor of alcohol on your breath or person you will get arrested for a DUI. I don’t care what the Cop says. You will get arrested. So do yourself and your DUI lawyer a favor and clam up.

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About the author: Matthew Leyba is a DUI Lawyer in Bellevue, Washington. He is rated as a 10/10 by Avvo.com and listed as a Superb DUI Lawyer in Seattle. He is has been repeatedly named a Rising Star in the area of DUI Defense by Super Lawyers Magazine, an honor only a fraction of other DUI lawyers get.

DUI Advice, DUI Risk, DUI Tips

Another below legal limit DUI convicted in Redmond

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Last summer I wrote about a DUI case (not mine) in Redmond King County District Court where the defendant was convicted of a DUI with a 0.04 alcohol level. The legal limit in Washington State is 0.08. Well another defendant was convicted of having a below legal limit DUI in Redmond. This time it was a 2 nanogram THC level. The legal limit in Washington State now that marijuana is legalized is 5 nanograms.

If you’re not familiar with the DUI laws here in Washington State you may wonder how is this even possible. How can someone who is significantly below the legal limit first of all be charged with a DUI and secondly be convicted of it. Well welcome to the post-2012 world we live in when it comes to DUI cases in King County. In my opinion as a DUI lawyer practicing in Seattle, WA there were three things that changed in 2012-2013 that answers my questions above.

First a major shift occurred in King County when it came to negotiating DUI cases. If you practice DUI defense at all in King County then you know what Im talking about. Long story short if you get charged with a DUI in King County the chances of getting the charge reduced is significantly more difficult than pre-2012.

Secondly in early 2013 there were several high provide vehicular homicide cases where the defendants were repeat DUI offenders in Seattle. The caused a major uproar in our State Government. Both the Governor and the State Legislature used these horrific tragedies as a spring board to drastically change and toughen our DUI laws in Washington.

Lastly because of the negative media those vehicular homicide cases caused, several State legislators used that as a rallying cry against all DUI cases. Regardless if it was a first offense below the legal limit DUI or a repeat offender who caused an accident they were all the same. And many people in the general public have started to become swayed by this uproar and guess what those are the people who fill the jury pools deciding DUI cases.

So when you take all that into consideration. The change in negotiating policy, the negative backlash that all DUIs have been getting, and the brain washed general public who think any DUI is illegal even one that is significantly less than the legal limit. It is a recipe for disaster and that is in my opinion as a DUI lawyer how someone can get convicted of DUI with a blood alcohol level or marijuana level below the legal limit.

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About the author: Matthew Leyba is a DUI lawyer in Seattle, WA. He has repeatedly been named a Rising Star in the area of DUI Defense by both his peers and the Seattle Met Magazine, an honor less than 2.5% of all Lawyers receive. Additionally he is rated a 10/10 and listed as a Superb Seattle DUI lawyer by Avvo.com