DUI arrest in Seattle and you're a Pharmacist....what happens next?

If you have been arrested for a DUI in Seattle or anywhere in Washington State and you're a Pharmacist then you could face the possibility of some serious job repercussions depending on the final outcome of your case.  It is best to contact a Seattle DUI Attorney immediately to determine what your next steps should be.  

RCW 18.130.180 lays out what conduct, acts, or conditions constitute unprofessional conduct for a license holder.  It discusses the commission of an act involving moral turpitude, dishonesty, corruption, and the conviction of a gross misdemeanor or felony.  And yes a conviction for DUI is a gross misdemeanor and therefore one of the reportable offenses that would affect a Pharmacist.

However upon a closer look at the statutes involving these issues WAC 246-16-210 states a conviction means a court has decided a person is guilty of any gross misdemeanor or felony.  It includes guilty, no contest, and deferred or suspended sentences.  

Now generally when a driver gets arrested for a DUI and they contact my office for legal representation.  Typically the goal is to try and get the DUI reduced to a lesser charge.  Either reckless driving or negligent driving 1.  Both of these are lesser offenses than a DUI meaning they don't carry nearly the consequences a DUI does.  

However if a Pharmacist is involved then even a DUI amended to reckless driving may still cause problems, because a reckless driving is a gross misdemeanor.  Whereas a negligent driving 1 is called a simply misdemeanor, which is not mentioned in the statute concerning consequences for license holders.

So what happens if a Pharmacist gets convicted of a DUI or reckless driving.  Then you need to check out WAC 246.16.860 which determines the sanction.  For a conviction of a gross misdemeanor the minimum conditions may be some sort of reprimand, training, monitoring, probation, or supervision.  The maximum penalty could include oversight for 5 years involving the same sort of probation, training, supervision, etc.  

So the good news at least based on the current status of the law as of writing this blog is it looks like a first offense DUI or reckless driving conviction may not result in the suspension of a license.  Rather it may involve some sort of supervisory condition, although that is at the discretion of the Department of Health.  Obviously if an individual has multiple offenses or other charges then something more serious may apply and it would be important to seek counsel for an experienced Seattle DUI Attorney.

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About the author:  Matthew Leyba is the owner of Leyba Defense PLLC.  A boutique DUI law firm located in Seattle, WA.  He has been repeatedly recognized as one of the best DUI Attorneys in Seattle by the Seattle Met Magazine's annual "Best of" edition.  He is also the highest rated DUI Attorney according to Avvo.com, a lawyer rating service. 

How often can you expect to have Court on a DUI case?

One of the most common questions I get asked as a Seattle DUI Attorney is how many times will I have to go to Court for my DUI case.  The answer is pretty simply.... It depends.   Here are the factors that will determine how often a defendant would have to go to Court for a DUI case.

If the DUI gets reduced to a lesser charge or something along those lines and a plea deal is negotiated then obviously there may not be that many Court dates.  Typically in this situation a defendant will have to attend at least 3-4 court dates.  The first hearing would be the arraignment, there may be something called a pretrial hearing where the defendant will enter the plea deal, and then there would be a sentencing hearing.  So depending on the number of pretrial hearings it potentially could be 3-4 dates.  

If the DUI gets set for trial then there could be many court dates.  Again like the previous example there would be an arraignment, a pretrial hearing, but instead of a sentencing hearing there would be a few other court dates.  The next hearing would be a motion hearing.  This is where a motion to dismiss or suppress evidence would be litigated.  The next hearing would be something called a readiness hearing or omnibus hearing.  Basically this is just where the parties go in front of the Judge and announce whether the trial will actually commence on the date chosen or whether it will be moved.  Then of course the trial date.  

I would say depending on the jurisdiction and how busy they are if a case gets set for trial that will include anywhere from 10-30 additional court dates.  For example I recently has a DUI jury trial here in Seattle and my client and I appeared approximately 30 times before the trial actually started.  This is actually a lot and not the norm but sometimes it happens.

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About the author:  Matthew Leyba is a DUI Lawyer in Seattle.  He is the owner of Leyba Defense PLLC a DUI law firm. 

DUI suspect in Spokane arrested for DUI following plea to vehicular asault

In a case of you would have to see it to believe it.  A man in Spokane, WA recently was arrested for DUI on the same day he pleaded guilty to vehicular assault.  Yes you read that correctly.  A man in Spokane, WA was out on $93,000 bond until his sentencing on the vehicular assault case, when he decided he had to booze it up one last time and got arrested for DUI and hit and run.  

This has to be one of the most stupid things I have ever read.  I understand people make mistakes.  Trust me, nobody understands more than I do.  Im a DUI Attorney in Seattle, so I understand.  But when you enter a guilty plea to a vehicular assault charge, you're out on bail pending sentencing, and then you decide it's a good idea to get drunk and then drive.  I'm sorry but that is just pure stupidity.  

Because of that guys actions.  The plea he entered is in jeopardy.  He will probably get the high end of whatever is sentencing range.  His bond will most likely be remanded and he will remain in custody until his sentencing.  Oh and his new DUI.  I'm pretty sure regardless of the facts his bail will be extremely high, plus he can forget about getting any deals on that case.  

Whenever I have a client in this position.  Where they are either out on bail pending sentencing, or they are free on their own personal recognizance pending sentencing I tell them one thing.  And one thing only.  Stay out of trouble.  If you have to stay in your house the entire time then do it.  If you feel compelled to drink stay home.  Heck I have even told a client if they cannot following my advice and they are going to go out and drink call me and I will either pay for a cab or come and pick them up.  You wouldn't believe the decisions some people make because of this disease.  

Anyway here is a link to the article if you want to check it out.  Spokane man gets DUI.   

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About the author:  Matthew Leyba is a DUI Lawyer in Seattle.  If you're facing a DUI Arrest and looking for a DUI Attorney then give me a call.  I have been repeatedly recognized as one of the best DUI Attorneys in Seattle by the Seattle Met Magazine.  I'm also rated a perfect 10 out of 10 by Avvo.com, a lawyer rating service.  You can read more about me here.   

Can you drive a vehicle if your license gets suspended from a DUI in Washington State

The most common question I get asked is whether you can drive a vehicle if your drivers license get suspended due to a DUI.  In Washington State the answer yes.  However there are certain conditions that can apply that may or may not restrict your ability.  Keep reading to learn how you can continue to drive lawfully following a DUI in Seattle or Washington State.

The first question that needs to be asked is what type of license suspension are you dealing with.  Basically there are three types that would be applicable in Washington.  

1. Administrative license suspension from the DOL
2. Drivers license suspension for a reckless driving reduction
3. Drivers license suspension following a DUI conviction

So if you're facing an administrative license suspension than you have two options.  You can choose not to drive and then apply for your drivers license following the suspension period.  Assuming of course there are no other holds or actions against the drivers license.  The second option is you can apply for the ignition interlock license which would allow you to drive during the period of suspension.  

To qualify for this license the applicant needs to do four things.  Fill out the application for the license, second the DOL a check for $100, get SR 22 insurance, and get a functioning ignition interlock device in the vehicle.  It usually takes DOL about 3-5 business days to process the application and approve the ignition interlock license.  

If you're facing a license suspension for a reckless driving conviction.  Then you need to apply for both the occupational license, unless the suspension was a reduction from DUI.  Then you need to apply for both the occupational and ignition interlock license.  Its the same application but there are different conditions (i.e., ignition interlock device requirement).

If you're facing a license suspension for a DUI conviction.  Then you really only have one options.  That is apply for the ignition interlock license.  See the section above on how to do that.  

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About the author:  Matthew Leyba is a DUI lawyer in Seattle, WA.  He has been rated a perfect 10 out of 10 by Avvo.com and listed as a Superb Seattle DUI lawyer.  He also has been repeatedly recognized as a Rising Star in the area of DUI Defense by the Seattle Met Magazine, an honor only 2.5% of all lawyers are given.  You can read is bio here.   

What not to do when being investigated for DUI

I recently made a blog post on a similar topic, What not to say during a Seattle DUI arrest, on my other blog.  However that blog post got me thinking about some of the DUI cases I have represented in my career.  If you practice DUI Defense then you know what I mean, those crazy cases where you're reading the police report or watching the video and see something that makes you cringe and say "I wish you didn't do that."  So without further adieu here are some things that you should never ever do if you're being investigated for a DUI in Seattle, or anywhere for that matter.

Now if you're an avid reader of this blog then you know not to answer any questions without first speaking with a DUI lawyer, not to do any field sobriety tests, and not to take any breath or blood test without first confirming with a DUI lawyer.  So I will not discuss that here.  Instead this will be some things that people often say or do that they can control. 

First of all don't be a jerk to the investigating DUI police officer.  Yes, I realize being investigated for a DUI would be one of the worst moments of anybody's life.  However everything you say or do will be used against you in your criminal DUI case.  So do yourself and your DUI lawyer a favor and just be polite.

Secondly if you see lights pull over.  I can't tell you how many people continue to drive once they see lights.  Either they don't believe they are getting pulled over, or they try to find a safe place to park.  Either way a DUI Prosecutor will inevitably say the reason the vehicle did not pull over immediately was because the driver was affected by alcohol and their reaction time was slower because of it.  I know this is bullshit, but it still doesn't change the fact that is what a Prosecutor will argue to a jury in a DUI trial.

Lastly whatever you do stay awake when you're in the back seat of the patrol vehicle while you're being transported to take the breath test.  I know it's late at night.  You might be tired.  You might be closing your eyes because your upset.  But the second you close your eyes the DUI Officer will see that and will try and make it sound like you were passing out, or falling asleep.  Then guess what a DUI Prosecutor will use that against you.  So do yourself and your lawyer a favor and try to stay awake.

Obviously every DUI case is different and these are just a few of the main things I see that people can control.  

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About the author:  Matthew Leyba is a DUI Lawyer in Seattle you can view his website here.  He has been repeatedly named a Rising Star among Seattle DUI Lawyers by the Seattle Met Magazine, an honor less than 2.5% of all Lawyers receive.  Additionally he is rated as a 10/10 and named a Superb DUI Lawyer by Avvo.com

Suspected DUI driver on I-5 attracts 15 separate DUI calls

On New Years Day a driver who was weaving on I-5 in Pierce County caused 14 separate 911 calls from other drivers.  It appears the driver was driving pretty erratically on the freeway including traveling on the shoulder, crossing lanes without signaling, and traveling at inconsistent speeds.  Now even though Im a DUI lawyer in Seattle, I'm all for making the streets safer in our State.  And despite what I do Im not in favor of drinking and driving.  However lately I have been seeing an increase in these types of phone calls from citizens and it has me concerned.  

In fact I recently blogged about this on my website and how a 911 caller reported a suspected drunk driver in Seattle that turned out to be a Seahawk football player.  The football player was followed all the way into downtown by the 911 caller and was eventually stopped and arrested for DUI by the Washington State Patrol.  

As stated above lately I have been seeing this more and more.  I think it is in large part due to the negative publicity that DUIs have been getting in King County since the beginning of last year.  Remember we had two separate vehicular homicide cases in a matter of weeks.  Both of these drivers have prior DUIs and were in violation of court ordered ignition interlock devices.  In response to those incidents as well as some others the media, the general public, and the State Legislature demanded change in the DUI laws.  It seemed like every time I turned on the news or read the paper there was something DUI related and how we needed to toughen our laws to prevent these types of incidents from occuring.

The laws were changed, so Im not going to rehash that.  But what has also been a direct correlation to the media frenzy is the rise in 911 callers.  These "vigilantes" are in some cases following suspected drunk drivers, and conducting citizen arrests.  Most of the time however they are reporting the driver to the police based on nothing more than some weaving within the lane.  

In fact in the past year I have had several former clients involved in these kind of fact patterns.  And the concern I have when these "vigilantes" decide to report a drunk driver in the hopes of getting them arrested is the fact they have no idea what they are talking about.  For ever 911 call that was like the one I described in my first paragraph there are probably 50 more where the alleged drunk driver is not actually drunk.  In fact every case I have ever represented where there was a 911 caller the breath test ended up showing the driver was not over the legal limit.  And in most cases the driving was due to something else like playing with the radio, making a phone call, or fiddling with GPS.  

Did those people that called the police on the driver prevent a DUI in Pierce County.  Perhaps.  But think of all the other times people get stopped, detained, and in some cases arrested when they have done nothing illegal by having a drink and then deciding to drive home.  As I stated in my blog on my website.  Nowadays you not only need to worry about law enforcement, but also the "vigilante" 911 caller.  Remember if you had a glass of wine at dinner or a single beer while watching a football game, you decide to drive home and on the way there you get a text message look down at your phone a cross the lane divider.  If one of these vigilantes is behind you, they will call 911.  You will eventually get stopped by the police and arrested for a King County DUI.  Regardless of what your alcohol level is.  

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About the author: Matthew Leyba is a DUI lawyer in the Bellevue Seattle area of Western WA.  He has been 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.  He also is rated a 10/10 by Avvo.com among Seattle DUI lawyers.   

Can the outcome of a high profile DUI case affect future normal first time DUI cases

Last Friday a high profile vehicular homicide case was resolved in a favorable manner for the defense.  And unfortunately for anyone else who is facing a DUI in King County the favorable result of this vehicular homicide case is going to have a negative impact on any DUI case going forward.  Why and how will this occur?  First let me explain what happened last Friday.

So in 2012 a 21 year old man from Buckley struck and killed a 16 year old boy while under the combined influence of marijuana and oxycodine.  The boy was simply walking with his girlfriend on the side of the road when this horrific accident happened.  A blood test revealed the driver had nearly two times what is now the legal limit of marijuana in his system.  He also had the oxy which was probably had the most impact on his ability to drive.  

Seems like a pretty open and shut case for the Prosecution, huh?  I mean these are the cases people are all up in arms about in Washington State.  It's why the State Legislature went on a witch hunt last year by attempting to change the DUI laws in Washington State to make them the toughest in the nation.  It's why other high profile vehicular homicide cases have been in the news, and the public has rejoiced when the defendants in those cases were sentenced to prison.  

Well this case apparently has some legal issues and the King County Prosecutors office felt like there were some proof problems.  So they offered a sweet deal where the vehicular homicide charge would be reduced to three misdemeanors.  Guaranteeing the defendant will not serve any time in prison.  So I guess good for that guy.  He was able to beat his vehicular homicide charges.  He got lucky a US Supreme Court case nullified his blood test results.  On the other side the victims family doesn't feel like justice was served and there has been a public backlash because of this (just read the comments section in the Seattle Times).  

So to get back to my original question.  Would a high profile vehicular homicide case like this, where the defendant seemingly got off, affect the normal first time non accident, non felony DUI case?  In my opinion as a DUI lawyer in Seattle the answer is absolutely yes.  And here is why?

First as a DUI lawyer if you have ever done a jury trial you can attest to the negative feelings that most jurors have in jury selection towards DUIs.  Especially in King County with all the high profile cases we have seem to be getting in the past year.  People want to get tough on DUIs.  They want the defendants to pay.  And unfortunately they cannot separate the felony homicide DUI case, from the first time offender who happened to barely blow above the legal limit.  They are out for blood and it is the first time offender who is unfortunately going to pay.  

Secondly when it gets out that a major Prosecutors office is giving away deals like this.  It hurts every other DUI case in that jurisdiction.  You think when the Prosecutor is in the news and the headline implies they weren't tough enough on a high profile King County DUI.  You think the Prosecutors office is going to take that.  No they are going to be more tough on DUIs.  They are going to show the media, the general public, and anyone else that questions their stance on this type of case that they are not easy on these particular charges.  

Unfortunately because of that I believe when a first time offender walks into Court.  In a case where there was no accident, it was not a felony, they have no prior history, and they barely blew above the legal limit.  They are now going to be subject to a more overzealous prosecution that in all honesty is completely unfair.  I fear they will be made an example of all in an effort to show the media and the general public that this Prosecutors office is tough on DUI's.  We have already kind of seen this with the change in negotiating policies in the past year or so. 

Now I don't mean to paint a bleak picture if you're reading this and currently facing a DUI charge or if you have recently been arrested and you're doing some research.  But this is certainly a side issue that whether it's fair or not will impact your case.  Having a DUI lawyer who understands that and can build a defense around it will be worth their weight in gold.  IMHO.   

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About the author: Matthew Leyba is a DUI Lawyer in the Seattle Bellevue area of Washington State.  He has been rated as a 10/10 by Avvo.com among Seattle DUI Lawyers, and was recently 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.        

WSP DUI "I-5 Challenge" in full swing this weekend

Over this Thanksgiving weekend you may see more law enforcement officers on I-5 in King County, WA. This is the result of the "I-5 Challenge" outlined by the Washington State Patrol.  Between Wednesday and Monday, the State Patrol is conducting the "I-5 Challenge," encouraging drivers to get through the Thanksgiving Holiday extended weekend with zero fatalities on Interstate 5. 

Last year over the Thanksgiving Weekend there were over 350 DUI arrests, with many of those coming in King County.  And on average the past 5 years almost 50 people have died in DUI related accidents during the Holiday season.  

First things first.  Nowadays even having a sip of alcohol and driving can result in a DUI arrest.  Especially in places like King County where Prosecutors are filing DUI charges at a rapid pace never seen before.  So it is best to not even put yourself in that position.  Heck I'd rather have my car get towed, pay a cab fee that costs a couple hundred dollars, even stay a night at an expensive downtown Seattle hotel rather than go through the DUI process.

But if you do find yourself on the wrong end of a DUI investigation here in King County.  Then there are a few things to keep in mind.  Be polite, be polite, and be polite.  And lastly ask to speak with an attorney immediately.  Nothing will result in a DUI arrest quicker than being a jerk to the arresting officer, or doing something stupid that a DUI lawyer could have told you not to do.  Be safe out there from Leyba Defense PLLC, and Happy Holidays!

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About the author: Matthew A Leyba is a DUI lawyer in Seattle.  His practice focuses on representing those charged with DUI and other traffic related offenses.  He has been voted as a Rising Star among Seattle DUI lawyers by the Seattle Met Magazine, and is rated as a 10/10 by Avvo.com

The financial costs of a DUI conviction

Whenever a person gets charged with a DUI they face some fixed costs.  The cost of the Attorney fees, an alcohol/drug assessment, and at minimum the cost of the ADIS and VIP classes.  These will not change whether the DUI charge gets reduced to either a Negligent Driving 1, or a Reckless Driving or whether the person gets convicted of a DUI.  However a DUI conviction carries much more in additional costs that are often overlooked or simply not known.  Here are the top 5 hidden costs that come with a DUI conviction.

1. Probation:  This is probably one of the biggest costs.  If a defendant gets convicted of a DUI.  Whether it is a first offense or a second in most cases a Judge is going to refer the defendant to the probation department.  In addition to that the defendant will be on records check for the duration of the 5 years of probation.  The cost of a probation officer is usually about $40 a month.  Typically this will last for 2 years.  The cost of the records check is $10 a month.  Total cost $1560.
2. Ignition interlock device: This is the other biggie when it comes to a DUI in Seattle.  On a first offense DUI the Court will impose an ignition interlock device.  This will need to be installed on any vehicle the defendant drivers for a period of 1 year.  Most ignition interlock companies charge around $100 a month for the device.  There is also an installation fee, and monthly calibration fees.  The cost of an ignition interlock device for 1 year is approximately $2000.
3. Court fines: The base Court fine on a DUI is between $1000-$1200 depending on the blood alcohol level.  
4. Insurance increase: A DUI carries two types of insurance increases.  The first is the requirement of SR22 insurance that comes with any sort of drivers license suspension.  On a first offense DUI in Seattle or Washington State SR 22 insurance is required for at least 3 years.  I have seen this cost vary depending on the driver, who they go through for insurance, etc.  But I would say on average it is an additional $50 a month on top of your regular insurance policy.  The second increase would be on your insurance policy.  That is if your insurance company doesn't kick you off.  Which I would say happens about 90% of the time.  Estimated cost is an additional $200 a policy term.  
5. Unknown costs: These are the costs that you cannot possibly know at the time of the DUI sentencing.  For example let say you want to rent a vehicle in the near future following a DUI conviction.  Well most car companies are not going to rent you that vehicle.  The unknown cost would be figuring out an alternative to renting a vehicle.  Maybe it is cab fares, maybe a town car with a driver is rented.  This is just an example.  The cost of this unknown fees can be astronomical and are far too numerous to discuss on this blog, but you get the hint. 

Overall if you're facing a DUI charge in Seattle then you should be well aware of the importance of hiring a good DUI Attorney to get the charge dismissed or reduced.  Even spending $5000-$7500 on a DUI Attorney may seem like a lot of dough.  But when you compare it to all the hidden costs for the rest of your life you will be facing, I think it is money well spent.  Otherwise if you want to go the cheap route then there are plenty of so called DUI Attorneys in Seattle who will take your case for $1000 and get you to plead guilty at the first chance they get.  

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About the author: Matthew Leyba is a DUI Lawyer in the Seattle Bellevue area of Western WA.  His practice focuses on representing those charged with DUI and other traffic related offenses.  He is currently rated as a Superb DUI Attorney by Avvo, and a Rising Star in DUI Defense by Super Lawyers Magazine and Seattle Met Magazine, an honor less than 2.5% of all Attorneys receive. 

No two DUI cases are the same in Washington State

Recently I met with someone who asked me a question that I get on a fairly regular basis, so I thought I would post my response here.  The question was, well I guess it was more of a half statement and half question.  Essentially it was, "My friend got a DUI.  He had a similar breath test, we did the same on the field sobriety tests, and he had never been in trouble before and he got a certain plea deal.  Can I get the same deal?"

As I said above I get this question fairly often.  From possible clients, to actual clients, to fellow lawyers asking my opinion about a case, or even curious friends.  It seems everyone knows someone who got a certain plea deal, or they have a friend of a friend who got a plea deal, and they had the same facts and breath test.  So the logical inference would be can they get the same deal if not better.  In felony land there is something called sentencing guidelines that outline what certain offenses carry as far as sentences.  But unfortunately DUI land, no case is the same.  There are just too many variables.

For example lets consider two DUI cases in two different jurisdictions both with a .14 breath test, and the both where the defendant has no criminal history.  You would think there would be some uniformity in Washington state where both those cases would get resolved in the same manner in terms of plea deal, sanctions, etc.  But even with those stats of .14 breath test, no criminal history, the case can be dramatically different both in terms of evidence, and the end result.  Why is that?

Well first if they occurred in different jurisdictions then you're dealing with two separate courts, two separate Prosecutors, basically two separate everything.  In other words I have appeared in most Courts in Western Washington and even several in Spokane County.  I can tell you there no two Courts that are the same.  Some courts have different types of plea deals.  Some courts have different "sentencing guidelines" when it comes to DUIs.  Additionally there are no two Prosecutors who are the same.  Different philosophies on negotiating, different caseloads, different relationships, etc.  All of these ultimately factor into the end result.  

Another huge difference in those two DUI cases of a .14 I used as an example would be the evidence.  From the reason for the stop, to the signs of impairment noted by the arresting officer inside the vehicle, to the performance on the field sobriety tests, to any statements made by the driver.  All of these factor into a resolution for a DUI case, and I would be willing to go out on a limb here and say no two cases are exactly the same when you look at those factors.  Even if both cases ended a .14 breath test.  

And lastly would be who the arresting officer was.  In my career I have seen officers who are absolutely horrible in their investigation, administration of the field sobriety tests and breath tests, and in their documentation of the arrest.  Likewise I have seen officers who conduct a thorough investigation, who administered the field sobriety tests and breath tests by the book, and who wrote a 7 page police report documenting every little thing they observe.  Now let me ask you this.  Who is more likely to have the better case from a Defense perspective?  The officer who did everything by the book, and thoroughly documented everything.  Or the officer who didn't do anything correctly, and only wrote a 2 paragraph police report that is inconsistent, and holes in it. 

So in the end what do I tell those people that ask this question.  Well I try to explain exactly what I wrote above.  That no two cases are the same, that there are too many variables, etc.  But what I can tell them is in my experience if an individual has never been in trouble before, they weren't involved in a serious car accident, they don't have an extremely high breath test, and they were somewhat polite with the officer then in those cases Prosecutors seem to be more lenient and receptive to the idea of reducing a DUI charge. 

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Matthew A. Leyba is a DUI lawyer in Seattle, WA.  His practice focuses on representing those accused of DUI and other serious traffic offenses.  If you have been arrested for DUI contact our office immediately to ensure your constitutional rights are protected.  

 

One of the benefits of a deferred sentence on a DUI possibly ending?

If you read this DUI blog with any regularly then you know there are two types of sentences imposed when a person pleads guilty.  

There is a suspended sentence and there is a deferred sentence.  A suspended sentence means the charge imposes a sentence at the time of the sentencing, but suspends all or a portion of the jail and fines and hangs over the defendants head for the period of jurisdiction.  At the end of that period the case is closed, but the conviction still exists on the defendants criminal history.  

A deferred sentence on the other hand is a much better deal.  Essentially the a defendant will still plead guilty but a Judge will not impose a sentence at the time of sentencing, and instead will defer it for a period of time.  Then at the end of that period if the defendant has complied with whatever terms the Judge set at the time of the sentencing, the defendant can take back the guilty plea and the charge will be dismissed.  

Currently this is one of the best deals out there if arrested for a DUI and the charge gets reduced to the lesser offense of Negligent Driving 1.  Most Judges, and Courts do not offer such a deal, but there are some occasions when it can be obtained.  In fact in 2012 I had 10 clients who received such a deal where the original charge of DUI was reduced to Negligent Driving 1, and the Judge imposed a deferred sentence.  

Now in addition to the benefit of having the charge dismissed.  Receiving a deferred sentence on a Negligent Driving 1 does not count as a prior offense.  Well it is debatable I guess.  Prosecutors will argue it does.  Defense Attorneys argue it doesn't.  The RCW spelling out what is a prior offense does not include the language "deferred sentence."  So based on a plain reading of the statute it doesn't count as a prior offense.  Meaning if a defendant successfully completed a deferred sentence on a Neg 1, and then within 7 years received another DUI.  That subsequent DUI would be considered a first offense.  

However there is currently a bill in the House of the Washington State Legislature proposing a change to this little loophole.  HB 1482 proposes amending the language of a prior offense under RCW 46.61 to include deferred sentences.  This is an interesting development.  I tend to not agree with such a change.  

First a deferred sentence is pretty rare.  It generally is only granted when it is a first offense, no prior criminal history, low breath test, and the defendant has completed all the assessments, and classes.  Secondly even if a Judge grants a deferred sentence, and the defendant completes it, but then gets another DUI.  The Judge of the subsequent DUI still has the discretion to treat the subsequent DUI has a second offense, in fact they could impose whatever sentence they want.  And if I had a client who was in that boat, I would probably tell them there is a strong possibility the Judge would do that, considering they were already given a break the first time around.  

In my opinion the only reason for proposing such a change is purely punitive.  Not surprisingly the sponsors of this amendment seem to be very "Prosecutorial friendly" if you know what I mean.  Hopefully this bill does not go any further, but I guess we will see at the end of this legislative session.  

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Matthew A. Leyba is a DUI Attorney in Seattle, WA.  His practice focuses on representing those accused of DUI and other traffic offenses. 

How do you get a copy of your DUI arrest police report

Im a DUI Attorney in Seattle lately I have been getting calls from people asking how they can get their DUI arrest report.  Some of these individuals are not happy with their current DUI Attorneys and they are shopping for a new one.  Some of these people were recently arrested and want to get a copy of the police report and see what the arresting officer is saying.  Others just want a copy for some random reason.

Basically if you have been arrested for a DUI in Seattle then there are three possible ways to get your DUI arrest report.

The first is to make a public disclosure request to the arresting agency.  Now depending on the arresting agency you may or may not be able to get this.  If you were arrested by the Seattle Police Department and your DUI charge has already been filed, then you will get a response from the SPD saying you are the subject of an ongoing investigation by the City of Seattle Attorneys office and they cannot disclose any materials and to contact the City Attorney.  But if you were arrested by the Washington State Patrol for example then you can contact them through a public disclosure request and they will get you a copy of your police report usually within a month.

The second way to get a copy of your police report is to represent yourself at your DUI arraignment.  This is not the smartest thing to do, but everyone has this right.  If you have an attorney they cannot disclose to you the police report under the local court rules.  If you look at Criminal Rule 4.7 it states the materials received from the Prosecutor are to remain in the exclusive custody of the defense attorney.  This means the defense attorney cannot give the client a copy of the police report. 

The other way to get a copy of the police report after a Seattle DUI arrest is to request an administrative hearing from DOL to challenge the drivers license suspension.  When you're filling out this form you can include your name or your attorneys name.  If you include your name than the DOL will send you a copy of the police report.  If you include your attorneys name, DOL will send your DUI lawyer a copy of the police report.  Your lawyer can then turn around and give that to you, since it is not subject to Criminal Rule 4.7 we discussed above.

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Matthew Leyba is a DUI Lawyer in Seattle, WA.  His practice focuses on representing those accused of DUI and other serious traffic offenses.  If you have been arrested for DUI feel free to contact our office for a free 60 minute consultation.  

New DOL administrative hearing fee increase for Washington State DUI Arrest

If you have been arrested for a DUI in Washington State then you face two separate legal actions.  One obviously is with the Court system.  The other legal action is with the Washington State Department of licensing.  As of 10/1/12 the fee to deal with this second legal action increased from $200 to a whopping $375.

As a Seattle DUI Attorney it is my opinion to always send in the hearing request fee and challenge the DOL administrative license revocation.  Not only is it a great source of investigation for the criminal case.  You can question the arresting officer, and try out legal arguments with DOL that may be used in the criminal case.  But with the new increased fee many people may not be willing to shell out almost $400 to challenge this license suspension.  Especially when statewide there is around a 20% dismissal rate on these DOL administrative hearings (although Leyba Defense is much much higher).

My opinion is this increase is due solely to budget issues, and DOL trying to get an increase in operating revenue, as opposed to trying to screw over those involved in a Seattle DUI arrest.  As far as whether or not to send in the DOL hearing request form, still do it.

As I stated before Im a Seattle DUI Attorney.  This is what I do for a living.  The DOL hearing is a great way to investigate the case.  You can subpoena the arresting officer.   Everything they say at the hearing is recorded.  Thus if they get caught in a lie or say something that is inconsistent with what they wrote in the police report then boom you have it later to impeach their credibility.  In addition its a great tool to use for negotiation.  If you can prevail at the DOL hearing on a legal issue.  Even though that outcome is unrelated to the criminal case.  You can still provide that written ruling to the Prosecutor in an effort to negotiate and point out an administrative hearing Judge who applies the same law and facts as the criminal Judge would dismissed the legal action.

Bottom line.  This new fee may discourage some people.  But in my opinion, still send it in.  Especially if you want to help yourself in your criminal DUI case.

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Matthew A. Leyba is a Seattle DUI Attorney in downtown Seattle.  His practice focuses exclusively on representing those accused of DUI and other serious traffic offenses.  If you have been arrested for a DUI call our offices for a free 60 minute consultation.

New Thermal Imaging System Could Help Detect Drunk People

I recently ran across an article that discusses a new use for old technology when it comes to alcohol, people, and DUI arrests.  In a paper that was published by Greek scientists it may be possible in the near future where thermal imaging may be able to detect individuals have has consumed alcohol.

How does this work you ask?  Well pretty interesting.  Apparently these scientists are in the process of developing new algorithms that will gather date about the blood vessels in an individuals face.  You see when a person consumes alcohol often times their face will become flushed, or rosy, or even red faced.  The reason this occurs is because the blood vessels in their face are becoming dilated due to the increased alcohol intake through the blood.

What these scientists hope to do is capitalize on these increased blood vessels because this will cause the individuals face to increase in temperature.  And thus thermal imaging can detect that increased temperature that is different or higher than the body temperature.

This paper then goes on the describe how this process can be used by police departments.  It is silent on exactly what would the police use this for.  But as a Seattle DUI Attorney I can only imagine the problems with this.  Imaging going to a bar or restaurant.  Having a single drink or perhaps even two.  Keeping mind it is not illegal to consume alcohol and drive.  It is only illegal if your ability to drive is lessened in any appreciable degree or if you are over the legal limit.  Then imagine police positioned on street corners shooting these thermal imaging guns at individuals.  Seeing the increased temperature in their face.  Assuming they are drunk and then pulling people over to investigate for DUI and other alcohol related offenses.

I dont think I need to harp on the potential 4th amendment violations that would occur from these.  Here in Washington state, the 4th amendment is afforded greater protections than the federal constitution.  So I doubt this would ever occur here, since we don't even allow checkpoint stops by the police.  But it is scary to think this type of technology can be used.  Again as a Seattle DUI Attorney, I hope it doesn't come to this.  We have enough issues with unlawful 4th amendment seizures due to overzealous police investigations.

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Matthew A. Leyba is a Seattle DUI Attorney in Western WA.  His practice focuses exclusively on representing those accused of DUI and other serious traffic offenses.  

The importance of hiring a DUI Attorney when charged with a DUI

This may seem pretty self explanatory.  If you're charged with a DUI, then you want to hire an attorney that specifically and exclusively practices DUI defense.  I mean if you needed open heart surgery you wouldn't go to a general practitioner would you?  The same thinking applies here.

The reason I bring this up is because I have met 2 clients or potential clients I guess looking for representation on a DUI case.  When I met with them, both of these individuals were completely misinformed about DUI laws, and specifically what their options are.  As a Seattle DUI lawyer I practice exclusively in the area of DUI defense, so it is pretty easy for me to explain what your options are, Im up to date on the recent law changes, and Im familiar with individual courts, and prosecutors and I can probably give you a reasonable idea of what may happen with you case.  If you're not a DUI lawyer than you probably cant do that.  Just like I cant tell you would the recent laws are on environmental litigation.

Now going back to these two individuals.  One person met with a family law attorney.  This was a first offense, the individual was under 21.  The family law attorney told the client about a deferred prosecution, told them that is what they should do, and then completely misinformed them about how to do it.  If you know me, or read this blog at all you will know that I rarely recommend a deferred prosecution, but especially in this circumstance.  As a general rule you never have someone do a deferred on a first offense, but you never do one when you're that young.  You only get one per lifetime, you have to be found to be alcohol or drug dependence, and you have to agree to complete a 2 year alcohol and drug treatment program and be monitored by probation for 5 years.

The other individual I met with had previously met with a general practitioner attorney.  Someone that does a little bit of everything I guess.  In this case the client had actually blown under the legal limit, so there would be no need for a DOL hearing.  However this attorney told them they had to have a DOL hearing, and tried telling the client it would be easy to win because they were under the legal limit.  Im not sure if this was some kind of scam to overcharge the client, or if the attorney honestly thought a DOL hearing was necessary.  But again, this was completely wrong advice.  Nothing bad would have happened had the client paid the $200 and sent in the hearing request form, but if this attorney makes mistakes on something so simple, imagine what would happen when more complicated issues arose.

Now Im not trying to bag on these attorneys.  These most likely were honest mistakes.  I mean if someone came to me wanted me to draft a will, or sue some major corporation I wouldnt try it.  To be honest I would screw something like that up.  Even though Im a lawyer and I went to law school, I just dont know anything about these areas of the law.  My philosophy on a lawyer practicing in every area of the law is that is just not feasible.  There is no way that a lawyer can know everything about every area and facet of the law to be competent.  It is simply impossible.  This is why doctors commonly refer patients to specialists or other physicians in certain areas of medicine.  Nobody knows everything, and the same things applies in Seattle DUI Defense.

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Matthew Leyba is a Seattle DUI lawyer in Western WA.  His practice focuses exclusively on representing those accused of DUI and other serious traffic offenses.  If you have been arrested for a DUI contact our office for a free no hassle 1 hour consultation.

WWLD......What would legal minds do?

Instead of "what would Jesus do," how about "what would legal minds do."  I find it interesting that individuals that get arrested for a DUI here in Washington State that have a background in the legal system.  Whether it is a law enforcement officer, or whether it is a Judge.  What do they all have in common.  When they are being investigated for a DUI they decline to answer any questions.  They decline the field sobriety tests.  And in some cases they decline the breath test at the station.

Why is that?  They must know something the rest of society doesn't.  Perhaps it can be that the field sobriety tests are junk science only designed for a person to fail.  Or perhaps it can be that the breath test at the police station is a piece of junk and that is neither accurate nor reliable, despite what the Prosecutors and the Washington State Patrol Toxicology Lab say.

Now Im not here to violate these individuals privacy, even thou their arrest is public record.  Im not trying to embarrass anyone, or poke fun at their mistakes.  Obviously they are human, just like the people they arrest, and the people they preside over.  But what I want to point out is what a knowledgable individual does when they are being investigated for a DUI.  As you may know Im a Seattle DUI lawyer.  Many of my blogs here say the same thing over and over.  Decline the field sobriety tests, don't answer any questions without talking with a lawyer, and don't take the breath test without asking for a lawyer.

But sometimes I get the feeling people aren't listening because Im a DUI lawyer and somehow I have a dog in the fight.  This is why I bring up the Sargent with the Seattle Police Department who was arrested, and the Judge who was recently arrested.  Obviously they are familiar with the legal system, and in particular DUI cases.  They declined, and if that doesn't tell you how flawed everything is in a DUI investigation, I don't know what else will.  

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Matthew A. Leyba is a Seattle DUI lawyer located in downtown Seattle.  His practice focuses exclusively on representing those accused of DUI and other serious traffic offenses.  If you have been arrested for a DUI feel free to contact our office for a free 60 minute consultation that is completely confidential.

Football season is here....Increased DUI arrests

As a Seattle DUI Attorney I represent people who have been arrested and then subsequently charged with a DUI offense here in Seattle or Western Washington.  In my opinion a bulk of the cases I represent come through my office starting when Football seasons begins, and ends after the New Years.

Why is this you might ask?  Well here in Seattle we have two major sports teams that compete in Football.  We have the University of Washington and the Seattle Seahawks.  Typically I see more people arrested after Seahawks games just because alcohol is served there.  But this year the University of Washington is upgrading and doing a major remodel with Husky Stadium, or whatever it is going to be called now.  So what does this mean.  All Husky games are going to be played at Century Link field, meaning alcohol will be served and it is downtown where all the bars and tailgating will occur.

If you attend a UW game, or a Seahawk game keep in mind increased DUI emphasis patrols will be occurring in downtown Seattle, and along the main corridors of I5, 520, and I90.  These increased patrols will be occurring after the games, or a prior to the games.  People tailgating or pre-funking will be driving to the game, and these will be easy pickens for the Washington State Patrol and the Seattle Police Department.

I know I say this all the time and write it about it pretty extensively.  But please keep in mind these simple rules if you find yourself being investigated for a Seattle DUI.  Remember to decline to do any and all field sobriety tests, ask to speak with a Seattle DUI lawyer prior to answering any questions, and make sure you ask to speak with that attorney prior to agreeing to take a breath or blood test.

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Matthew Leyba is a Seattle DUI lawyer located in downtown Seattle.  His practice focuses in representing those accused of DUI and other serious traffic offenses.

Why it's important to become qualified to administer the FSTs

Representing those accused of DUI is a very complicated process. The competent Seattle DUI Attorney needs to be familiar with constitutional issues, scientific theories, trial techniques, and much much more. However in addition to those basis skills, the experienced Seattle DUI Lawyer should also be qualified and certified to administer the standardized field sobriety testing. In other words they need to take the same course the law enforcement does, and learn the proper procedures for administering the standardized field sobriety testing.  Why is this so important you ask?    

In order to accomplish this the attorney should know how to administer the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test. These are the field sobriety tests that have been standardized by the national highway safety administration. In my opinion this is important for several reasons and are well worth their weight in gold compared to the nominal cost and time frame.  

1.  Verify whether the arresting officer administered correctly: In many Seattle DUI arrest cases the arresting officer administers the standardized field sobriety tests to the defendant. And in all of those cases the officer will say they are trained to administer these tests, and they were done according to their training. In order to verify whether these tests were done correctly or not, the Seattle DUI Attorney needs to know who to administer the tests themselves. If they know exactly how to do it, and they took the same course as the arresting officer they will be in a better position to identify any issues with the administration of the tests.         

2.  Help to separate yourself from all the other DUI Attorneys: In every jurisdiction there are attorneys that say they exclusively practice in the area of DUI Defense. And like in all professions there are good ones and there are bad ones.  But what separates the good ones from the pretenders is the level of commitment to this area of law in addition to their experience and knowledge. By taking the time and expense to take this NHTSA course, and learn exactly how to administer the field sobriety tests it will show a level of commitment and experience that will help you get clients.           

3.  Know the instructors and use them as experts: Many of the instructors of these NHTSA courses are former law enforcement. Sometimes in a DUI case it is necessary to hire an expert to counter what the Prosecutions witnesses are saying. Having an ex-law enforcement officer who is also an instructor for the field sobriety testing and really helpful, and comes across very credible in the eyes of a jury. By taking the course, and getting to know the instructors you will be in a better position to ask them to help you out on a case.

Taking this course is extremely important to the practice of DUI defense.  If an attorney doesn't take the time to do this then they don't care about their practice, and in turn don't care about you.  

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Matthew Leyba is a Seattle DUI Attorney located in downtown Seattle.  If you have been arrested for a DUI contact our office for a free consultation to learn what your options are, and what to expect during the DUI charge.  

Helpful hints to keep in mind during SeaFair weekend

With the annual seafair weekend upon us there will be an increased emphasis in DUI patrols.  Remember the best decision to make is to not drink and drive.  But if you do have a few and find yourself in the unfortunate position of being investigated by a DUI officer here are some helpful hints to keep in mind.

If you're being investigated for a DUI then it's important to remember as much as possible about the interaction with the arresting officer to relay to your Seattle DUI lawyer. Often times during the defense of a DUI case there are no cameras or recordings of what happened. Most of the evidence comes from the police report and the testimony of the arresting officer. To challenge that evidence it may be necessary to have the only other person who was present testify. That would be the defendant.  Therefore if you found yourself in the position of being investigated for a Seattle DUI Arrest then it's important to try and take mental notes on the following areas.

Did the officer explain the reason for the stop: Many jurisdictions have seen a crackdown on drunk driving. However with such an increased emphasis many Officers are simply pulling people over for minor infractions with the intent to conduct a DUI investigation. A tell tell sign of whether this in fact happened was if the Officer initially advised of the reason for the stop or did they just start asking questions about alcohol consumption.

How much time elapsed before you were asked to exit the vehicle: Being able to remember how much time elapsed before you were asked to exit the vehicle can demonstrate whether this was the type of stop where there was no intention to cite for an infraction, but to investigate for a DUI. In order to ask a driver to exit a vehicle to conduct a DUI investigation the arresting officer needs to point to specific and articulable facts the driver may be affected by alcohol. Usually if a driver is asked to exit immediately there is no way for an Officer to note the signs of impairment necessary to start a DUI investigation.

Did you understand the field sobriety tests were voluntary: In Washington State the field sobriety tests to be taken voluntarily before they are admissible in court. Often times in DUI arrests the arresting officer just asks the driver to start performing these tests. There is no mention that they are voluntary and the driver has a right to decline them.

The area where you performed the field sobriety tests: Generally the field sobriety tests should be performed in a well light area with a relatively level surface. It's important to remember the area where the tests were done in case it was not an ideal location.

Process prior to taking the breath test: Prior to taking a breath test a subject cannot burp or hiccup or put anything in the mouth that can affect the results of the test. If you were hiccupping or burping uncontrollably and the Officer still administered the test to you that may be an issue. Try and remember any abnormalities that may have happened prior to submitting to the breath test to inform your Seattle DUI lawyer

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Matthew Leyba is a Seattle DUI Lawyer focusing on DUI defense and other serious traffic offenses.  If you have been arrested for a DUI in Western Washington contact our office immediately to set up a free consultation with an experienced Seattle DUI Attorney.

Don't just give up at the DOL hearing

I can't tell you how many people I meet with that just ask whether they should go ahead and accept the administrative license suspension from the DOL.  It usually goes something like this, "I met with another attorney they said the DOL hearings are impossible to win, so should I just not challenge it and accept the license suspension."  My response is always, "Who the hell told you that!"

I'll admit the DOL hearings are always an uphill battle.  Especially for Seattle DUI Attorneys.    For a couple of reasons really.  First its a civil hearing so the burden of proof is less than in a criminal case.  Secondly it seems like everything is stacked against the petitioner.  The "judge" works for DOL.  They also act as opposing counsel or the "prosecutor" if you will.  And lastly its really in DOL's financial interests to suspend a license because they get money when the license needs to get reinstated.

Now proponents of this process will tell you thats not the case.  That an individual is afforded all the due process rights, blah, blah.  But the reality is in most cases if you're arrested for a DUI then your drivers license is going to get suspended.  I mean statewide there is something like a 25% dismissal rate at these hearings.

What I listed above are just a few factors contributing to that low dismissal rate.  In all honesty I think what really contributes to those numbers are attorneys who just phone in the DOL hearing.  In other words they think they are going to lose, they don't spend any time preparing, and they just go through the motions at the hearing itself.  Their rationale is, hey Im going to lose this hearing anyway, so why put in the time and effort.  I mean after all I think thats just human nature.  You get beat down so many times, you just give up.

Well thats not how my firm does it.  And I think our results speak for themselves.  I put everything possibly into these hearings.  I really treat it like a jury trial.  My goal is to have as much of the case investigated as possible at this early stage.  Meaning all witnesses have been interviewed, all videos have been subpoena'd, I spend several hours preparing for the hearing, another hour or so drafting my cross examination of the officer, another hour drafting my closing argument along with having every case I need handy.  Overall its not uncommon for me to spend anywhere between 10 - 20 hours preparing for this hearing.  Now some Seattle DUI Lawyers probably think thats crazy, but thats just how I was raised.  Not to do anything half ass.

Now obviously I don't win every hearing.  But I feel like I win my fair share, and its above the statewide average.  The reason being is not because Im smarter than other attorneys (most yes), or because Im lucky.  I think the reason being is because I work harder than most if not all other Seattle DUI lawyers.

If you have been arrested for a DUI and you're deciding whether or not to go forward and challenge the suspension.  Do it.  What do you have to lose?  Other than $200.