Tag Archives: dui lawyer

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

Bellevue DUI Laws, DUI Tips, Seattle DUI Laws

What happens if you get arrested for a DUI in Seattle

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If you have been arrested for a DUI in Seattle then you’re facing a couple unique DUI issues that only arise in Seattle. From the area you were arrested, to the arresting agency, to where you were taken for the breath test. All of these will factor into your Seattle DUI charge in one way or another. To learn what happens in the Seattle DUI courts continue reading.

The first factor that needs to be considered is where were you arrested. If you were arrested within the City limits of Seattle then most likely you will be facing a DUI charge in the Seattle Municipal Court. However, that is only true if you were arrested by the Seattle Police Department for the DUI. If you were arrested on either I-5, 520, or I-90 then chances are your DUI case will be in one of the King County District Court cases.

Now as I stated above if you were arrested within the City limits of Seattle then chances are you most likely will be in the Seattle Municipal Court. However recently that has started to change with the Target Zero task force, and the driver sober or get pulled over DUI campaigns. Both the Washington State Patrol and King County Sheriff’s Unit have been pulling people over within the City limits of Seattle. So if you were arrested by a Washington State Patrol for example then your case would be in the King County District Court and not the Seattle Municipal Court.

So what happens if you were arrested by the Seattle Police Department for the DUI? First of all, you will most likely be given a court date within the next few days. The Seattle Police Officer will provide that to you. It looks like a citation and at the bottom of the citation is the date and time of your court date. I’m always surprised when someone calls me following a DUI arrest by the Seattle Police Department and they had no idea they had court in a day or two. In fact most Seattle Police Officer’s won’t say anything following the DUI arrest. So make sure you check on it or contact a DUI Lawyer so they can.

Currently, if you’re facing a DUI charge in Seattle Municipal Court the first hearing will be on a Tues, Wed, or Thurs in room 1002 in the Seattle Municipal Courthouse. As of writing this blog the current Judge in the courtroom is Judge Kondo. She will preside over the arraignment where you will enter a formal not-guilty plea in front of the court, and she will address any bail, ignition interlock, or SCRAM conditions.

So what happens if you were arrested by a Washington State Patrol or a King County Sheriff? If you were arrested for DUI by either of these agencies then your DUI case will be in the King County District Court. There are several district courts in King County. Depending on where the law enforcement officer is stationed and files your police report will determine where your case is. For example, there are several Troopers that patrol the area of Ballard and Fremont. If you get arrested for a DUI in either of those areas you would think your DUI case would be in the Seattle District Court. However several of those troopers file their cases in the Redmond District Court. Any DUI lawyer worth their salt will be able to tell you where the DUI case will be filed depending on how the Trooper is.

Now unlike the Seattle Municipal Court and the Seattle Police Officer. If you get arrested by a State Patrol Trooper then you will not be given a court date. It will be mailed to you. This depends on several factors like when the Trooper files the report, when the Prosecutor gets around to filing the charge, and what the Courtroom schedule is like. Currently, there is about a 30-45 day turnaround from DUI arrest to your first court date. So be sure to check your mail often because the only notice of this court date will be mailed to you.

This is the Seattle DUI court process in a nutshell. Obviously, there is more to it and it is more complicated especially when you factor into the different prosecutors, the different Judges, and the different court procedures of each court. An experienced DUI lawyer who exclusively practices in the Seattle area will be able to answer those types of questions.

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

Bellevue DUI Laws, DUI Tips, Seattle DUI Laws

Washington State DUI arrests decrease after liquor sales privatized

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I recently was checking out news articles trying to think of a new topic for my DUI blog.  And I came across this gem.  It’s from mynorthwest.com and discusses how since Washington State has gotten out of the liquor store business and liquor sales have become privatized (meaning if you want a bottle of scotch all you have to do is go down to your local QFC), DUI arrests have actually decreased surprisingly.

I remember when this initiative was on the ballot.  All you would hear from opponents of this measure was how alcohol killed more children than any other drug, and then you would hear from some parent who lost a child to a drunk driver.  A pretty powerful message if you ask me.

Well according to this article.  Between June 1, 2011 and June 30, 2012 there were 21,577 DUI arrests and 2,575 collisions related to alcohol, according to data from the Washington State Patrol. There were 19,703 DUI arrests the following year – June of 2012 through June of 2013 – with liquor sales in grocery stores and other retail businesses. The state patrol reported 2,347 collisions in that time frame.

So by those calculations.  The amount of DUI arrests and collisions on Washington State actually decreased.  Which brings me to my next point.  Lately here in Washington State and specifically King County there has been a lot of negative media towards the existing DUI laws.  People want the laws changed, they want increased penalties, they want DUI offenders put in jail, etc.

Despite being a DUI lawyer in Seattle, I’m not in favor of drunk driving.  In fact my wife and I have a strict zero limit if we are going to consume alcohol.  This has more to do with the fact you can get arrested for a DUI in King County if you’re below the legal limit more so than our personal views.  But in my opinion changing the laws is not going to deter people from drinking and driving.  Unfortunately I have no idea what will, but standing on a podium screaming at the top of your lungs about how evil it is to drink and drive and demanding change is not going to work.

Short of requiring ignition interlock devices in every vehicle manufactured or prohibition I have no clue what is the right course of action.  But I do know that all the statistics that are being cited, all the hysteria over changing the DUI laws is not going to work.  Heck you would have thought that DUI arrests would have increased following the privatizing of liquor sales in Washington State, yet they didn’t.  It just goes to show you that sometimes the group think is not always right.

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About the author:  Matthew Leyba is a DUI lawyer in the Seattle Bellevue area of Western WA.  He has been voted as a Rising Star in the area of DUI Defense by the Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive.  Additionally he is also rated as a 10/10 Suburb DUI lawyer by Avvo.com

Seattle DUI Laws

CPS and DUI’s in Washington State

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If you have been arrested for a DUI and you had a child under 16 in your vehicle. Then you will be facing some increased penalties for the DUI. One of which is a possible investigation into the child’s well being by the division of child protective services. RCW 46.61.507 states the following

In every case where a person is arrested for a violation of RCW 46.61.502 or 46.61.504, the law enforcement officer shall make a clear notation if a child under the age of sixteen was present in the vehicle. A law enforcement officer shall promptly notify child protective services whenever a child is present in a vehicle being driven by his or her parent, guardian, legal custodian, or sibling or half-sibling and that person is being arrested for a drug or alcohol-related driving offense. This section does not require law enforcement to take custody of the child unless there is no other responsible person, or an agency having the right to physical custody of the child that can be contacted, or the officer has reasonable grounds to believe the child should be taken into custody pursuant to RCW 13.34.050 or 26.44.050. For purposes of this section, “child” means any person under sixteen years of age

So what exactly does this mean you ask. Imagine you went out to dinner with your family. You have a few beers and feel you’re perfectly fine to drive. After all you would never do anything to harm your family. Unfortunately you get stopped for committing a minor traffic infraction. The officer smells the odor of alcohol and places you under arrest for a DUI in Seattle and you get booked into custody.

The next day when you get out of jail there are a million things going through your mind. And you don’t even think as a result of your DUI arrest your kids could be taken from you. But according to RCW 46.61.507 that is a distinct and real possibility. And keep in mind even if charges were never filed, even if your DUI got dismissed or you were found not guilty at trial. CPS is still required to contact the individual arrested based simply on the DUI arrest. And the BS thing about this is if the officer was completely wrong and illegally placed you under arrest for DUI you will still face a visit from CPS. If you find yourself in this unenviable position it is always best to contact a DUI lawyer immediately to discuss what the safest course of action should be.

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About the author: Matthew Leyba is the owner of Leyba Defense PLLC, a DUI law firm located in downtown Seattle. He has been nominated as a Rising Star in the area of DUI defense by the Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive. Additionally he is rated as a Superb 10/10 Seattle DUI Lawyer by Avvo.com

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.