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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.

Bellevue DUI Laws, DUI Tips, Seattle DUI Laws

Senate panel weighs new felony DUI bill in Washington State

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A Senate panel is weighing a measure that would make it a felony charge to drive under the influence when the driver has three prior offenses within 10 years. The Senate Law & Justice heard testimony on Senate Bill 6090 on Monday, and will likely take a vote on it in the coming days.

Under the existing law, a DUI is a felony only if there are four or more prior offenses within 10 years. Last year the idea was originally proposed but eventually was cut due to the estimated cost. However the same work group is at it again and Governor Inslee as well as some other higher ups have put their full weight behind it again.

I’m really torn about how I feel about this. As a Seattle DUI Attorney this is something that will directly affect my practice and my clients. Although 99% of my clients have no criminal history when they get arrested for a DUI in the King County area. So it’s not like the majority of people will feel the full brunt of this change if it were to occur.

However when you look at the difference in penalties from a gross misdemeanor to a felony this proposed change is kind of a big deal. Instead of 90 days in jail a defendant would be facing prison time in addition to all the collateral consequences that comes with a felony conviction.

I suspect if the budget is better this year than we will see this change. Despite the horrendous vehicular homicide and vehicular assault cases 2013 had. They didn’t seem to stop as the year went on. And it seems like every time you watch the news or read the paper another repeat DUI offender has gotten arrested in Seattle.

In fact I saw a tweet from the WSP that there were something like 16 people arrested for DUI in King County following the Seahawks game. Which was more than double what happened the past 2 weeks combined. The proponents of this bill will just continue to point to these numbers and DUI arrests in Seattle to support their position. And unfortunately for the opponents of this bill there is not a lot to say other than pointing out the cost and the increase in prison population for these nonviolent offenders.

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About the author: Matthew Leyba is a DUI Lawyer in the Seattle Bellevue area of Western Washington. His has been rated a 10/10 Superb Seattle DUI Lawyer by Avvo.com. He was also nominated as a Rising Star by the Seattle Met Magazine in the field of DUI Defense, an honor less than 2.5% of all Attorneys receive.