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DUI Advice, DUI Tips

The Truth About Personal Breathalyzers and DUIs

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The consequences for anyone who is charged with a DUI are huge. If you are a professional bound to a job which does not readily tolerate time away from work for any reason, facing a DUI charge can be devastating.

Much has been made these days about personal alcohol breathalyzers. While it is true they have the capability (depending upon the quality of the device) to possibly prevent you from being charged with a DUI, it is imperative to have a sound understanding of the devices before you put yourself in a position where you’re depending upon one.

The Truth About Personal Breathalyzers and DUIs

Are Personal Breathalyzers Really Accurate?

Here in Washington State, if you are pulled over while driving a vehicle and it is determined that you have a blood alcohol content of .08 percent or higher, you are presumed to be legally intoxicated. By and far the most accurate way to ascertain this is with a blood test. But, because this is an invasive procedure and, quite frankly, not at all practical for law enforcement officers to administer, breath tests using handheld devices are the most common means available to law enforcement personnel.

Because these same, lightweight and portable devices can be purchased by consumers, they are often self-administered by those who feel as if they may have had too much to drink and are contemplating driving. However, before you put your faith in a personal breathalyzer’s accuracy, it is important to have a basic understanding of how they work.

All of the different breathalyzers on the market operate in the same way: you blow into the mouthpiece of the device and it provides a reading of your blood alcohol content. The only problem is, depending on the device you choose, the results can vary dramatically. This is because there are two basic types of devices available to purchase.

  • Breathalyzers utilizing semiconductor technology: This is the least expensive and the least accurate choice. They can be sufficient for home use, however, because the results can be influenced by external factors ranging from cigarette smoke to hairspray, it may be unwise to depend on them if you have been drinking and plan on driving.
  • Breathalyzers utilizing fuel cell sensors: This device is more accurate and expensive, and is the device most typically used by law enforcement. But, even if you purchase such a device, it can still be subject to factors that detract from accuracy and reliability, such as improper calibration, malfunctioning software, or human error.

Can Personal Breathalyzers Reduce DUIs?

Regardless of the type of device chosen, studies have shown that people who self-administer a blood alcohol content test when they have been drinking are more inclined to not drive if they register at a level that indicates they are legally intoxicated.

Proper Use of a Breathalyzer

Before you self-administer a blood alcohol content test on yourself or others, be sure to wait 20 minutes or more after the last drink or meal. Keep wind and cigarette smoke away from the device’s mouthpiece. Though the sequence of steps may vary with the type of device, the basics are as follows:

  • Attach the mouthpiece to the device
  • Activate the power button
  • Allow time for the device to warm up properly
  • Blow into the mouthpiece until the breathalyzer stops beeping (about four seconds)
  • Wait for test results to appear

As mentioned above, remember that results can vary depending upon a variety of factors. It is vitally important that you conduct the test in an environment that is conducive to optimal conditions, and follow the directions for the personal breathalyzer explicitly. If you have any feelings of unease regarding the indicated blood alcohol content displayed, it’s better to err on the side of caution.

If You’re Charged With a DUI

Even if you have taken precautions to ensure that you aren’t driving while intoxicated, if you’re charged with a DUI you’re going to need a successful and highly regarded attorney on your side. The consequences of a DUI can be harsh — possible loss of driving privileges, high fines, even time in jail.

A DUI in Washington State is a serious offense, one that you are not going to want to go through without the help of a proven professional. Matthew Leyba and his team of professionals at Leyba Defense PLLC, are recognized as one of the best DUI firms in the Seattle area. Contact them immediately if you are charged with a DUI.

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The Penalties of a Seattle DUI

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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.

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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.


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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.”

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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.

Bellevue DUI Laws, DUI Advice

Should there be alternatives for pretrial ignition interlock conditions in DUI cases?

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If you have been arrested for a DUI in the Seattle area then you face the possibility of a Judge imposing pretrial conditions at your arraignment.  This means the Judge has the authority to require a defendant to follow certain conditions while the case is pending.  Typically on DUI cases this involves no drinking and driving, no driving without a valid license and insurance, and no refusal of a breath test.  However in some cases a Judge can require a defendant to post bail or install an ignition interlock device until there is a resolution in the DUI.

In Seattle for example if you have a DUI arraignment in the Seattle Municipal Court then there is probably a very good chance you might be required to install an ignition interlock device even on a first offense DUI.  This is just how they roll down there nowadays.  If you don’t have a car, or the means to get an ignition interlock device installed then you can sign a declaration under penalty of perjury that you will not drive a motor vehicle.  If you get caught driving a motor vehicle after you have signed this declaration then chances are you will go to jail unless you can come up with a significant bail amount.

I recently read an article in the Seattle Times about this very issue.  The gist of the article was how Washington State lawmakers are proposing a bill that would allow drivers facing DUI charges to avoid a mandatory pretrial condition of ignition interlock by swearing they won’t drive.  It sounds like this is modeled after what the Seattle Municipal Court has been doing for years.

To be honest I’m surprised something like this is being proposed, however I think it is an excellent idea and I hope it passes.  Often times people cannot come up with the money for an ignition interlock device or they don’t own a car.  In those situations Prosecutors will ask the Judge to have the driver sit in jail while the case is going on or make them come up with the money for electronic home monitoring.  As a practicing Seattle DUI Attorney I think these current alternative options are just ludicrous.

Look I get it.  There really is no way to ensure a person is not going to drive again by signing a declaration.  In today’s day and age it is fairly easy to get your hands on a car.  Either from a friend, family member, etc.  But there has to be an alternative options for those individuals that cannot get an ignition interlock device.  Jail is too expensive for the tax payers, and too over populated with more serious offenses.  I hope this bill is considered to provide alternative options for individuals in this situation.

If you’re interested in reading the article and checking out the proposed bill, here you go.

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About the author:  Matthew Leyba is a DUI Attorney in Seattle, WA.  He is the firm owner of Leyba Defense PLLC, a criminal defense law firm focusing on DUI defense in the Puget Sound area.

DUI Advice, Seattle DUI Laws

New WA state case expands on reasonable suspicion to stop based on lane travel

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One of the most common reasons drivers get pulled over and ultimately arrested for DUI in Seattle is based on violations of the lane travel statute. In 2008 the case of State v. Prado elaborated on what constitutes a violation of the lane travel statute. Last week the Division One Court of Appeals in Washington state finally ruled on another case that sort of expanded on the Prado case in State v. Jones.

So here is the typical situation where these cases apply. A driver is on Interstate 5 here in Seattle. A Washington State Patrol officer is behind the driver. As the vehicle is driving along it brief crosses into another lane and then corrects itself. Based on this a Trooper will conduct a traffic stop and say based on their training and experience when a vehicle drifts into another lane that is a sign of a possible DUI.

In the Prado case the police stopped a car that had crossed a lane divider line in an exit lane by approximately two tire widths for one second ultimately arrested the driver for DUI. The Officer relied on the lane travel statute which states, “A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made safely.” RCW 46.61.140(1).

On appeal, the Court concluded that the language “as nearly as practicable” required an analysis of the totality of the circumstances, which did not justify a stop based on merely a “brief incursion across the white lane line with no erratic driving or safety problems.”

In the State v. Jones case which was decided last week. That driver was observed by the police crossing over the fog line approximately an inch three times, each time correcting its position with a slow drift. Ultimately that driver was stopped and found in possession of a firearm when he was unlawfully allowed to possess one. As in the Prado decision, the Court of Appeals once again found there was insufficient evidence a lane violation had occurred based on the testimony and evidence before the Court.

As a Seattle DUI Attorney, I found this decision interesting in a couple of ways. First the driving in the Jones case was arguably more in violation of the lane travel statute than in the Prado case. Remember in Prado that driver crossed a lane of travel by two tire widths for less than a second. In the Jones case that driver crossed the fog line by an inch 3 times and then slowly drifted back into the lane of travel.

From a reading of the Courts opinion it sounds like the Prosecutor may have dropped the ball during the initial testimonial motion to suppress. During the appeal of the Jones case the Prosecutor relied on a case named State v. McLean. In that case a Trooper stopped a driver after observing him cross the fog line three times. Sounds familiar, right?

Well as the Court pointed out in the Jones case. The McLean case is different because in the case testimony was elicited from the Trooper about his training and experience. How drivers that he typically contacts based on similar behavior end up being a DUI. In the Jones case, the Prosecution never elicited such testimony. All they had to elicit from the Trooper was based on her training and experience she has seen this type of driving before and the majority of drivers she pulls over for this infraction have been drinking.

Anyway so in my opinion as a DUI Attorney this is a favorable case for the Defense.

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About the author: Matthew Leyba is a DUI Attorney in Seattle. He is the firm owner of Leyba Defense PLLC, a boutique DUI firm located in downtown Seattle. He has been repeatedly recognized as one of the best DUI Lawyers in Seattle by the Seattle Met Magazine’s Annual “Best of” Edition. He is also the highest rated DUI lawyer by Avvo.com

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.