Tag Archives: matthew leyba

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

Bill to change DUI law dies in Washington State Senate

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If you follow this blog then you know Im a DUI lawyer in Seattle. One of the things that I do for my practice is try and stay up to date on any potential changes of existing DUI laws. Not only is this important to keep my practice current, but it also forces me to read the news.

If you recall last year during the 2013 legislative session there were a bunch of changes to DUI laws that were proposed. They were all set to make the existing DUI laws harsher and increase the penalties one would face if charged with a DUI. Most of these proposed laws did not pass due to the budget constraints. But the Washington State Legislature is at it again for the 2014 legislative session.

However last month one bill to change Washington’s DUI laws died in the state House of Representatives, when it wasn’t approved. The proposal House Bill 2506 would have raised a felony DUI conviction from a Class C felony to Class B, but the measure failed to move out of a House committee after a public hearing earlier this week. The bill would have increased maximum sentences for felony DUI convictions from five to 10 years, and increased fines from $10,000 to $20,000.

Now even though that bill died another bill has been proposed in the Senate and it is gaining ground quickly. Senate Bill 6090, sponsored by Rep. Mike Padden from Spokane, would cut that number of DUI convictions from four to three for a felony DUI. Currently a DUI becomes a felony if a person has four or more convictions in 10 years.

If I was a betting man I think this law will eventually pass. It may not be this legislative session. Quite frankly there are still budget concerns and monies are needed for another areas. But eventually the proponents of making Washington State have the Toughest DUI laws in the Nation will prevail.

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About the author: Matthew Leyba is a DUI lawyer in Seattle. His practice focuses on representing those charged with DUI and DUI related arrests. He has rated as a 10/10 by Avvo.com when it comes to Seattle DUI Lawyers, and he was named a Rising Star in that area of law by the Seattle Met Magazine.

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.

DUI Advice, DUI Risk, DUI Tips

How to schedule an alcohol and drug evaluation in Seattle for a DUI

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If you have been arrested for a DUI in Seattle or really anywhere in Washington State. Then probably the first thing you will want to do after you hire a DUI Lawyer is schedule your alcohol and drug evaluation. Here is how I recommend you go about doing that.

First speak with your DUI lawyer. Most DUI Attorneys including myself have a specific alcohol and drug evaluator we exclusively deal with. If your DUI Lawyer doesn’t have a specific evaluator then you probably hired the wrong person. But if they defend enough DUI cases and has the appropriate amount of experience in this area of law they will be able to point you in the right direction. For example the treatment agency I work with for my alcohol and drug evaluations are honest and I know they are not going to screw over my clients. Additionally I speak personally with the evaluator and we often times come up with a plan that makes sense for my client.

Secondly you probably want to find a place that only does the alcohol and drug evaluation not the treatment portion as well. Why? Well in my years of experience as a DUI Lawyer in Seattle many of the treatment places take advantage of individuals looking for an evaluation especially if they also do the treatment portion of the program. If you think about it this area is ripe to be taken advantage of financially. Let’s say you get a DUI. You decide to go to an alcohol and treatment agency for the DUI evaluation. The counselor says you have a problem and by they way you’re going to have to do 1 year worth of treatment and that will cost you $2500. And by the way you can do it here. I have seen this happen many times in my career and that is why I only work with specific places that do not do the treatment portion.

Lastly you will want to consider doing the evaluation in the County where your DUI case is, sometimes even the City. For example let’s say you get a DUI in King County or Seattle. The treatment agency I recommend does most of their evaluations in King County and specifically Seattle. So pretty much every Judge has heard of this place, they respect their work and will not question it. Why is this important? I have been in Court before and seen other defendants (not my clients) hand forward an evaluation for their DUI and the Judge has never heard of the place and they don’t accept it. Now not only is the defendant going to have to find a new place but they are out of the money they spent on the evaluation that got turned down. And they run the risk of going to a different treatment agency that makes a different finding in terms of treatment and they are stuck with it.

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About the author: Matthew Leyba is a DUI Lawyer in Seattle. He has been named a Super Lawyer Rising Star by the Seattle Met Magazine the area of DUI Defense, only 2.5% of all Lawyers in Washington State receive this honor. Additionally he is rated as a 10/10 and listed as a Superb DUI Lawyer by Avvo.com a national lawyer rating service.

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.

Bellevue DUI Laws, DUI Advice, DUI Risk, DUI Tips, Seattle DUI Laws

So you subpoena the arresting officer to a DOL hrg and they show up, now what?

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The other day I was talking with a Seattle Police Officer about a recent DOL administrative hearing he did for a DUI arrest in Seattle that he made. He told me that he was served a subpoena to appear to the telephone hearing. So when the DOL called him he answered and appeared for the hearing. But when he was connected to the DUI Attorney, the Attorney didn’t ask a single question and instead told the DOL he didn’t have any questions for the Seattle Police Officer. Here is why that DUI Attorney was an idiot and completely wasted their clients time and money.

It’s no secret that if you get arrested for a DUI in Washington State then you’re most likely facing an administrative license suspension from the DOL. Unfortunately the odds are against a driver if they find themselves in one of these hearings. Statewide the average dismissal rate is around 25%. Here at Leyba Defense PLLC we have a dismissal rate closer to 38% due to how we approach these hearings. But I digress.

Because the DOL hearings following a DUI arrest are so dang hard to win often times a DUI Attorney will employ the hail mary if they have no other options. And that is to serve a subpoena on the arresting officer and hope they don’t appear. It’s a last line of defense and is often a strategy I hope for myself to be honest with you. But I have news for you. Most of the time these DUI police officers will appear. After all they get paid time and a half to do so. If you were a police officer wouldn’t you appear. I mean all they have to do is answer the telephone in their bed and answer some questions about their DUI arrest. It really is not that difficult for them.

So let’s say that you have a crappy DUI case. There are no legal issues. Everything appears to have been done properly by the DUI police officer during the DUI arrest. So you decide to subpoena the DUI officer to appear and pray that they don’t show up. But then the DUI police officer does, what do you do?

As a practicing DUI Lawyer in Seattle I will tell you what you don’t do. You don’t tell the DOL you excuse the DUI police officer and have no questions for them. That is a complete waste of time, and honestly is borderline malpractice. Although it doesn’t surprise me that DUI Lawyers do this. I mean after all this is a business where a lot of so called “DUI Lawyers” aren’t interested in fighting for their clients, but only collecting a pay check by doing as little work as possible. It doesn’t get any easier than not asking a single question at a DOL hearing and then telling the client there was nothing you could do since the DUI police officer appeared.

So what do you do if the DUI police officer shows up? You ask them questions. A DOL hearing is a free deposition of the police officer without the Prosecutor present. You can ask anything you want. You can find out what observations the officer made. How they administered the field sobriety tests. Whether they followed the proper protocol during the breath test. Ask away, and guess what it is all recorded. If the DUI police officer says something that is inconsistent with their police report, or you catch them in a lie it is all recorded and it can be used in the criminal trial.

I can’t tell you how many times I had a crappy DOL case. But I served a subpoena on the arresting officer. They showed up and I proceeded to find something out that I wouldn’t have known otherwise. I then used that in the criminal trial to either get the DUI dismissed or reduced. It happens quite often and the so called DUI Lawyers that just hang up when the Cop appears never get that benefit.

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