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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 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.