Tag Archives: iid

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.

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 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.