3 reasons you should always request a DOL hearing following a DUI arrest

Often times I meet with potential clients and one of the first questions they ask is whether they should challenge the proposed license revocation that follows a DUI arrest.  Usually they say they spoke with another attorney or a friend and there is a small chance of prevailing.  Due to this they would rather save the money it costs to challenge the proposed revocation and just deal with it.  In my opinion that is incorrect thinking and here are 3 reasons why.

Additional collateral consequences you may not be aware of

Even if you don't drive and you take the bus everywhere.  Having a suspended license due to a DUI can still cause problems down the road.  Here are a few

• SR22 insurance will be required for at least years
• A reinstatement fee will need to be paid when eligible to get license reinstated
• A driver may need to take both written and driving tests again
• A driver could be deemed inadmissible to Canada
• A driver may not be allowed to rent a vehicle for at least 5 years
• Increase in regular insurance coverage
• Much, much more

Interview police officers involved without prosecutor

One of the main reasons I always tell people to challenge the suspension following a DUI arrest is that is where I personally conduct a majority of my investigation for the DUI case.  Because the DOL hearing is like a mini trial you can subpoena witnesses to appear and question them under oath.  In most DOL hearings I subpoena at least the arresting officer.  The reason I do this is two fold.  First if they don't appear and they were properly served a subpoena 9 out of 10 times the suspension will get dismissed.  Secondly if they do appear I get a free deposition with all of the prosecutors witnesses without the prosecutor being there, and everything is recorded.

It's helpful with negotiation

Sometimes I have found the ruling from DOL to be helpful during the negotiation with the Prosecutor in an attempt to get the DUI reduced to a lesser charge.  Obviously if a driver prevails at the DOL hearing and the suspension gets dismissed based on some kind of legal issue that is great.  But even if the suspension gets upheld sometimes Prosecutors are receptive to the idea of reducing the DUI knowing full well that the driver is not getting off scott free and they will face a license suspension.  

Obviously challenging a license suspension is an uphill battle.  However I honestly believe there is more benefit to challenging the suspension and the benefit of it outweighs any cost or the nominal fee.

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About the author:  Matthew Leyba is a DUI Attorney in Seattle, WA.  If you have been arrested for a DUI feel free to contact our law firm to set up a free consultation with a DUI Attorney.  You can also learn more about Leyba Defense PLLC from our website.      

Top reasons to hire DUI Attorney Matthew Leyba

I know, I know this isn't supposed to be some kind of sales pitch marketing blog but a blog where any and all DUI topics are discussed.  However as the owner of the law firm sometimes I just have to do this in order to run my business.  As much as I don't like it please forgive :)

So without further adieu here are the top reasons why you should hire Leyba Defense PLLC if you or someone you know gets arrested for a DUI in King County.

Leyba Defense PLLC exclusively represents people charged with DUI

If you google DUI Attorney you will literally see hundreds of Attorneys out their claiming they practice in this area of law.  And they might, but they also focus on business law, family law, personal injury, etc.  DUI Defense is just a side practice for them and therefore they do not have the necessary experience that comes with exclusively focusing and studying one area of law.  Think about it.  If you needed heart surgery would you go to a general physician or would you go to a heart surgeon.  The same thing applies for Attorneys.   

Leyba Defense PLLC limits the number of clients he represents

Leyba Defense PLLC was founded on the principle that we would run a small practice focusing entirely on the clients and to effectively do this we have to limit the number of clients we represent.  Obviously we still have to make money to run the business, but we are not like so many other DUI firms out there that try to get as much clients as possible to make as much money as possible.  We have a certain number of clients that we represent.  If you come to us and we are at that number then unfortunately we will not take the case.  It's the firms motto and that is why we are able to get such good results for our clients.  Less clients equals more time to spend individually on each case which equals better results.  It's simple math.  

Leyba Defense PLLC has a high success rate in defending DUIs

If you check out our website we have a pie chart detailing the last 100 DUI cases we have represented and what the results were.  Many of the cases have either been reduced to negligent driving 1, reckless driving, or in some cases even dismissed.  The proof is in the pudding and we are the only firm around that post every results we get for our clients.  Good and bad.  Some so called DUI firms out there will post a DUI dismissal or a DUI not guilty, but there is a reason they only show you 2 out of the last how ever many cases they have defended.  Anybody can get a good result once in a while, but the best DUI Attorneys sustain that success over time.  Now every case is different and not every case gets reduced or dismissed.  But most of the time Leyba Defense PLLC is able to work out a plea bargain that is in our clients best interests.

So there you go.  The top reasons why Leyba Defense PLLC is the right firm to represent anybody charged with a DUI in the Seattle area.  

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About the author:  Matthew Leyba is the owner of Leyba Defense PLLC, a DUI law firm located in Seattle.  He has been named one of the best DUI Attorneys in Seattle by the Seattle Met Magazine.  He is also rated a 10 out of 10 by Avvo.com

When is an IID required in a Washington State DUI case

If you have been arrested for a DUI in Washington State.  Then chances are at some point during this unfortunate situation you may face the possibility of having to get an ignition interlock device installed in your vehicle.  Seattle DUI Attorney Matthew Leyba discusses the three times when this may occur.

First the most obvious and most common is if the individual gets convicted of a DUI.  Whether its through a guilty plea or a conviction following trial it doesn't matter.  An ignition interlock device is a requirement following a conviction for DUI in Washington State.

Now the time requirement can vary depending on whether there have been any prior DUI convictions.  For example if its a first offense DUI conviction then the IID requirement will be 1 year.  If there has been a prior IID requirement from a DUI conviction then the IID requirement is 5 years.  If there have been 2 or more prior IID requirements then the third time is a 10 year requirement.

The second time an individual may face an ignition interlock requirement is if the drivers license gets suspended and they want to continue to drive via a restricted drivers license.  For example in WA State if a drivers license gets suspended for day 90 days the driver may be eligible to continue to drive if they get an IID installed in their vehicle, apply for the ignition interlock license, and give the WA DOL proof of a SR22 insurance certificate.

In this type of situation the IID would only need to be installed during the license suspension.  So in WA State if a license gets suspended for 90 days then the IID only needs to be in for 90 days.  Once the suspension is up the driver can get the IID removed and go pay a reinstatement fee at DOL to get a new drivers license.

The third time an individual may face an ignition interlock requirement is if it gets imposed at the DUI arraignment as a condition of release.  What this means if a Judge requires a defendant to install an IID or stay in jail while the DUI case is pending.  Well then the IID needs to get installed while the DUI charge is pending.

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About the author:  Matthew Leyba is a DUI Lawyer in Seattle.  His practice consists of representing those charged with DUI and other DUI related offenses.  For more information you can view his website here. 

What is a "nolo contendere" plea in a DUI case

If you have been following the news lately, specifically news related to the NFL.  You undoubtedly will have seen that Aldon Smith of the San Francisco 49ers recently resolved his criminal problems via a "nolo contendere" plea.  He entered this plea to three felony counts and two DUI counts.  If you like you can read it about it here.  So what is this "nolo contendere" plea and how does it work?

Well first of all what does it mean.  "Nolo contendere" is a latin phrase that translates to no contest.  In certain U.S. jurisdictions this type of plea is allowed where a defendant enters this plea of no contest.  Neither admitting guilt nor disputing the charge.  It effectively works as a guilty plea in the sense the charges still result in a conviction, the defendant is still sentenced as if they pleaded guilty.  Unlike a guilty plea however the defendant may not be required to allocute the charges.

So why we Aldon Smith do this.  If you followed his cases then you know there was a lot of evidence stacked up against him.  Due to the string of criminal offenses, plus his notoriety he problem wasn't going to be them.  This was a way for him to take responsibility but not admit guilt.  Its a technicality but still shows some accountability on his part.  

Now this is a Washington State specific blog.  So if you're wondering whether Washington State would allow a "no contest" plea on a DUI case.  Unfortunately not.  However we do have what is called an Alford Plea.  Many view it the same as a no contest plea.  Although there is different terminology.  

In an Alford Plea on a DUI case here in Washington State.  A defendant would say they believe there is enough evidence to convict them of the DUI.  Therefore they wish to take advantage of the Prosecutors sentence recommendation and enter an Alford Plea.  They understand it will result in a conviction the same as if they went to trial.  

How often does an Alford Plea happen in DUI cases here in Washington State.  Not many.  In my 10 years I think I have only entered one Alford Plea.  Most times Prosecutors will not allow it because they want the defendant to actually say they are guilty.  Additionally if a person is pleading guilty to a DUI or even a lesser charge they probably don't believe they are completely innocent.

However an Alford Plea is an option a defendant would have in Washington State.  If it is something that interests anyone facing a DUI in King County, WA and you're reading this blog feel free to contact my office and we can discuss the pros and cons of it.

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About the author:  Matthew Leyba is a DUI Lawyer in Seattle, WA.  He is rated a perfect 10 out of 10 by Avvo.com, a lawyer rating service.  Additionally he has been repeatedly named a Rising Star in the area of DUI Defense by the Seattle Met Magazine, an honor less than 2.5% of all lawyers receive in their respective field of practice.  Contact Leyba Defense to find a DUI Attorney in the Seattle area.   

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. 

Why it's important to always get your alcohol assessment from an agency that does not offer treatment

If you have been arrested for a DUI in Washington State than one of the things that you should immediately do to help your case and your attorney is get an alcohol and drug assessment.  An alcohol and drug assessment is essentially interview you have with a counselor to try and determine whether you suffer from any alcohol or drug issues.  

You will answer questions about the DUI incident, your history of alcohol and drug use, your current usage, and you will provide a urinalysis test.  Based on how the interview goes and whether the counselor feels you suffer from any abuse or dependence issues treatment will be recommended.  This can range anywhere from a one day class up to two years of intensive treatment.  

So you're probably wondering where you get this assessment done.  Well like many things in their word you have many options.  A simply google search will reveal hundreds and hundreds of alcohol treatment agencies in Washington State that are State certified and can do this assessment.  But in my opinion as a Seattle DUI Attorney you must very cautious in deciding where to do the assessment.  Why?

Like all businesses these alcohol and drug treatment centers are in the business of making money.  And it is in their financial interests to make money off you.  Now I'm not saying they will make up issues you have in order to recommend treatment and charge you for it.  But I have seen it happen before and I'm leery of these places.  So in order to eliminate this issue what should you do?

Get an alcohol and drug assessment from an agency that does not offer treatment.  One that only does the assessment and therefore has no financial incentive to recommend treatment you don't need because they won't benefit from it financially.  

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About the author: Matthew Leyba is a DUI lawyer in Seattle, WA.  His practice focuses on representing those accused of DUI and other traffic offenses.  He is currently rated as one of the Best Seattle DUI lawyers by Avvo, and listed as a Rising Star in Seattle DUI Defense by Super Lawyers 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.  

 

New legislation in Washington State proposing DUI college courts

One of the things I do to keep up to date on the ever changing legal landscape regarding DUI laws is watch the proposed legislation in the Washington State legislature.  You would surprised to hear about some of the proposed laws offered by our State legislators.  One of the more interesting ideas is the proposed legislation of "DUI college courts" under SHB 5023.

The basic premise behind this bill is to address the growing concern of alcohol related offenses, specifically DUI offenses in Washington state college campuses.  RCW 2.28.175 codified last year already created the existence of "DUI courts."  Basically speciality courts designed to help those charged and affected by DUI's by offering intense judicial supervision, rehabilitation, and court ordered treatment. 

I first saw this type of court back when I was working in Spokane when I was working as a DUI lawyer at the beginning of my career.  They used to have courts designed specifically for those charged with DUI offenses.  And one of the aspects of creating these speciality courts was to offer these deals kind of like a deferred prosecution where if the defendant agreed to be monitored by probation, complete an intense alcohol treatment, and completely abstain from alcohol, as well as some additional conditions they would get the benefit of some kind of deal.  Typically what I would see would be an individual facing a significant amount of jail time enter into these types of deals.  It was kind of like a deferred but not since you only get one per lifetime.  The benefit of these deals was a reduction in charges so the jail, fines, and other penalties would be avoided.

The recent legislation of the DUI courts hasn't really been implemented in jurisdictions I practice in so I don't know how they are working.  But as a Seattle DUI lawyer I kind of like this idea of a DUI college court.  From my reading of the proposed legislation it sounds like there may be some benefits for individuals who are in these DUI courts.  Additionally the courts would be on college campuses, and only college students would be allowed to participate.  There is also a clause that would integrate the student code of conduct into these DUI college courts.  This is an interesting idea.

Especially when it comes to college students.  Who are starting out in life.  Building their resume, and worry about employment after graduation.  Obviously a DUI conviction can have a profound impact on an individual, but for a college student it can have severe consequences.  So this idea might be something to help those individuals who make a poor decision after a college party.

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Matthew A. Leyba is a Seattle DUI lawyer.  His practice focuses on representing those accused of DUI and other serious traffic offenses.  If you have been charged with DUI contact our office for a free consultation to discuss your rights, options, and how we can help you.   

Seismic shift in negotiating policies of major Prosecutor office in Washington state on DUI cases

Over the past 6 months a major change has been in occurring with one of the largest Prosecutor offices in Washington state when it comes to DUI cases.  Due to what the higher ups in the office feel is an inadequate conviction rate on DUI cases compared to other Prosecutor offices in the same jurisdiction.  A new policy has been put in place gradually over the past year and half.  No longer will cases be reduced based on mitigating circumstances or even if the breath or blood test is barely over the legal limit.  If a DUI case has no legal issues resulting in possible dismissal, or suppression of key evidence a reduction will no longer be offered, and the recommended plea will be to plead guilty as charged.

So what does this mean in lay mans terms.  Basically prior to this policy if an individual was charged with a DUI, it was a first offense, there was no car accident involved, and the breath or blood test was below .12.  Then the opening offer from the Prosecution would most likely be a reduction in charges.  This was due to the long standing tradition of this particular Prosecutors office making the best offer up front.  Unlike other Prosecutor offices where often times the initial plea deal offered is to plead guilty as charged to the DUI, and then through extensive negotiations the charge could possibly be reduced.

The reasoning behind this charge is from what I understand the higher ups in the office are not pleased with the DUI conviction rates compared to another Prosecutors office in the same jurisdiction.  The difference is pretty substantial when you look at the numbers.  So because of this no longer will reductions be offered in most cases unless there are severe legal issues.

As a Seattle DUI lawyer, I must say that I do not agree with this policy change.  Not because of the thinking to increase the DUI conviction rate.  Even though I don't agree with that, DUI cases have a lot of negative publicity.  An election is coming up.  From a political standpoint it makes sense.  But what I don't agree with is two things.  First the thinking that because another Prosecutors office has a higher conviction rate, somehow this is a competition and one office needs to out do another office.  The second issue I have is the lack of any sort of discretion to offer a plea deal on cases they may not have severe legal issues, but have mitigating circumstances.

I have blogged about this before.  But if a Prosecutor I would take the following stance on DUI cases when it comes to negotiating.  If the case was a first offense.  There was no accident involved.  The alcohol level is not extremely high.  The individual was cooperative with the arresting officer and polite.  The individual has completed their alcohol and drug evaluation, along with the ADIS and VIP classes.  And if the individual was willing to do a significant amount of community service then I would offer a reduced charge.

My thinking behind this is two fold.  First if its a first offense, and there were no injuries then nothing bad has happened.  Secondly if the individual was cooperative with the officer, proactive with all their classes, and willing to pay for this mistake through volunteer work that would benefit the community then clearly they are showing a remorse and a certain accountability through their actions.  Which in my opinion speak louder than words.

But I guess that is why I'm a Seattle DUI lawyer, and not a Prosecutor.  So how will this new policy shift affect new DUI cases that fall under this Prosecutors jurisdiction?  Well gone are the days where a supposed DUI Attorney with know experience can walk into court not knowing a thing about DUIs, and get a reduced charge because the breath test is not very high and its a first offense.  Now a days it is even more important to hire an experienced DUI lawyer that knows the law, understands the subtle nuisances of DUI defense, and has the necessary trial skills should the case get that far.   

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Matthew Leyba is a DUI Attorney in Seattle, WA.  His practice focuses on representing those accused of DUI and other serious traffic offenses.  He has a high success rate in defending DUIs, and has litigated over 100 jury trials.  If you have been arrested for DUI contact our offices immediately to set up a free consultation and ensure your constitutional rights are protected.  

Why I charge a trial fee

As everyone should know by now I'm a DUI Lawyer in Seattle, WA.  A big part of practice is litigating jury trials.  In fact in my career I have litigated over 100 jury trials to verdict which is a fair amount for someone my age.  There are two reasons why I have done so many.  First in a DUI case if the Prosecutor is not willing to offer a deal and they just want a client to plead guilty as charged.  Well we know what will already happen if the client is found guilty, so they have nothing to lose if they go to trial because 99% of the time they will get the exact sentence the Prosecutor wanted in the first place.  The second reason is because I actually enjoy trial work.  A big part of my job is driving to different courts, sitting in court for hours waiting for a case to be called, negotiating with Prosecutors, and doing DOL hearings.  In all honestly that is pretty mind numbing work, so litigating a jury trial is a welcome break, and it is kind of fun.  

So when I first opened my practice I used to charge a flat fee on a DUI case because I didn't want to discourage my clients from going to trial.  In other words my fee covered every step of the legal process except for appeals.  I'm not an appellate attorney, and that style of law does not appeal to me (no pun intended).  So my fee would cover the arraignment, pretrial hearings, negotiating with the Prosecutor, motion hearings, and the jury or bench trial.

After two years I stopped charging a flat fee for everything, and I started to charge a fee for everything up to the point of a jury trial.  Then if the case were to go that far I would charge an additional "trial fee" for the litigation of the jury trial.

The reason I bring this up is because lately I have read a few blogs by some other DUI Lawyers that imply this particular fee structure is a bad thing.  And the Seattle DUI Lawyers that do this do not want to litigate a jury trial and by charging an extra fee that are effectively holding their client hostage, and if the client cannot pay then they would be forced to plead guilty.  These blogs then go on to say that a flat fee is the way to go because the client will not be forced to decide whether to pay more for exercising a constitutional right they have.

To be honest I used to feel that way.  When I first opening my practice I didn't want my clients thinking this exact same way.  I didn't want them to feel like they had to choose between paying me more or pleading guilty.  But like I said after two years I stopped doing this.  Why do you ask?

Well it is pretty simple.  I found that I was constantly refunding my clients money.  There were times where I would charge a flat fee, but then I would only go to court 2-3 times.  I would be able to negotiate a deal with the Prosecutor that my client was happy with and I didn't spend a lot of time on the case.  In those situations I didn't feel comfortable taking all the money the client paid me, so I would refund them a few thousand dollars.  I didn't think it was fair to charge them the same amount as a client that I spent 80 hours, litigated a trial through verdict, and went to court two dozen times on their behalf.

You can imagine not only the confusion but the issues this created.  Constantly trying to figure out what would be fair and then cut my client a check based on that.  So I decided that I would charge less in those cases that didn't go to trial, and charge a little more if they went.

I'm sure there are many DUI Attorneys out there that probably tell potential clients that myself and other attorneys that do this are ripping them off, afraid to go to trial, or just want the client to plead guilty and then move on.  This couldn't be further from the truth.  In fact I would venture to say that any attorney that says that probably doesn't have the trial experience I do, so it is kind of ironic they would say such a thing when my entire practice is devoted 100% to litigation and I think my track record of jury trials speak for itself.

In addition to that my fee has not risen from what I originally charged.  I simply took the original flat fee and subtracted the trial fee.  Now when I enter into a fee agreement there are two fees.  The first is the flat fee for representation on the criminal matter up to the point of a jury trial.  The second is the trial fee that is only collected if a jury trial is litigated.  If say for example the case is set for trial, and then the Prosecutor offers a plea deal at the last minute then no trial fee will be collected.

All of my fees are always completely spelled out in the fee agreement.  I would never try and deceive a client or nickel and dime them for money.  Every potential client that I speak with about proposed fees I tell them about the trial fee and the reasons for it.  And I'm willing to bet my fee including a trial fee is the same as those DUI Attorneys that are putting down the use of a trial fee.

So my question is why should a client who only has to go to court 2 or 3 times before getting offered a plea deal they are happy with be charged the same as a client that goes to court 2 dozen times and has to sit through a 3 day DUI jury trial.  If you have any thoughts feel free to leave a comment.  Remember I'm not bagging on this type of fee structure, I used to structure my contracts like that.  But I found for my practice the additional trial fee works best, and I have never had a client say otherwise or express any issues with it.

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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 a DUI in the Seattle area, or Western WA contact our offices for a free 60 minute consultation.  

DUI limit really more of a guideline for state troopers in Washington State

I came across this article earlier this week from MyNorthwest news.  The author follows a State Trooper who is a member of the target zero task force on a ride along.  The Trooper arrests an individual in Ballard, Seattle for DUI.  It talks about what happened, what the law is, blah, blah, blah.  Pretty standard article dealing with this subject matter.  But as I was reading this article I was struck by this statement the Trooper made regarding his philosophy on arresting individuals for DUI in Seattle.

Trooper Brock, the arresting officer states, "I [couldn't] care less about what they blow; if they're below the legal limit, at the legal limit or five times the legal limit," said Trooper Brock, who is member of the Washington State Patrol's Target Zero Team. Their goal is to reduce deaths on the roadway.  I don't worry about what's going to happen six months or a year down the road in court," he said. "I know when I go home every single shift that if I took someone off the road, I'm 100 percent positive they were not supposed to be driving a car."

So there it is.  If you smell like alcohol, you will get arrested.  Regardless if you consumed 20 shots of tequila (which would be very impressive) or whether you had half a glass of wine.  Troopers around this State don't care what your legal limit is.  This is something that I have written before on my blog, but it's worth noting again.  If you have had 1 drink you will get arrested.  The police do not care about the legal limit and whether you're over it.

I can't tell you how many people I have met with that simply just don't understand how they can be arrested for a DUI when their breath or blood test is below the legal limit.  Heck I have represented a client before on a Seattle DUI arrest with a .03 breath test.  Based on this particular Trooper's statement law enforcement simply do not care what your alcohol level is.   

Now why is this important to note.  How many times do I meet with people who say, "well I only had 1 drink, I thought I was ok to drive.  I thought I would pass all the field sobriety tests."  What this article reveals is you can pass all the field sobriety tests.  You can honestly tell the arresting officer you only had 1 drink.  But you will still get arrested.  You will still get taken to the police statement.  You might be booked into custody and spend the night in jail.  You will still have to shell out at least $5K for an attorney.  You will have to go to court and be subject to the humiliation and embarrassment of being a defendant in a criminal case.  And the kicker is even if your DUI were to get dismissed, you still go through all this.  

Anyway.  Here is a link to the article if you're interested.

http://mynorthwest.com/?nid=11&sid=1146480

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Matthew A. Leyba is a DUI Attorney in Seattle, WA.  He is the owner of Leyba Defense PLLC, a boutique Criminal DUI Defense Firm in downtown Seattle.  If you have been arrested for a DUI in Washington State contact our office for a free 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.  

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.  

Leyba Defense PLLC firm update

For those that follow the blog, I apologize for not making any posts the past couple of months.  Its been very busy, which is good for business, but the downside is I don't have much time for blogging.  It seems like every week, Ive been in court every day.  Or on days when I don't have court I've had jury trials scheduled that I need to prep, so I use that time for putting together my trial notebooks and things like that.

So here are some of the highlights of the past 2 months.  And again this is not meant to toot my own horn.  If you have read this blog before you know that I think Attorneys that have to write up their latest victories are just looking for some ego stroking, and thats not why my firm is about.  But I do think its important to note that every now and then the justice system works, and innocent people are not convicted.

DUI Dismissed: In May the firm litigated a motion in a local Municipal Court.  The issue was whether there was a sufficient basis to pull over the client.  In the end the Judge found the Officer did not observe a traffic infraction and therefore did not have a sufficient basis to pull the client over.  This effectively suppressed all the evidence after the stop including the field sobriety tests, the portable breath test, and the breath test at the station.  And in the end the case was dismissed.  Now regardless of how you feel about DUIs, everybody in this country is protected the Constitution.  And if law enforcement does not follow those protections they need to be called out on it.  

DUI Dismissed: In June I had an interesting case.  It was a relatively low breath test in one of the local District Courts.  The client came to me not wanting anything on her record.  Which is difficult to obtain on any type of case.  Let alone a DUI charge.  But the one thing the client had going for her was my familiarity with the particular Judge and Court her case was in.  A few months prior I had a similar case.  A low breath test in front of a particular Judge. In that case the Judge agreed to a deferred sentence and then dismissed the case right on the spot at the time of sentencing.  So I knew if we could get in front of the same Judge and make the same arguments we had a good chance of him dismissing the case.  Well low and behold after a few court dates we got in front of this Judge.  I made the same arguments as before, and the Judge did the same thing and dismissed the charge.  The client was happy with the outcome, and now she can lawfully say she has never been convicted of a crime.

DOL hearings dismissed: Also in May and June I had a couple DOL hearings get dismissed.  Which is always great news to the client because their license will not get suspended.  But its also great satisfaction personally because the success rate at these DOL hearings is so law due to the nature of them and the legal standard that needs to be met.  In one case the Officer forgot to check a box, which resulted in the suspension being dismissed on a technicality.  In the other case the Officer didn't properly observe the client for 15 minutes prior to taking the breath test, which resulted in the license suspension being dismissed due to an inadmissible breath test (thank goodness for the video in the BAC room, because the Officer denied doing that during testimony).  And we also won a license suspension hearing when the Officer failed to appear.  Now I didn't really do anything in that case, but when the Officers are properly sent a subpoena, they need to appear like everyone else.

And lastly I had a tough verdict in June on a DUI jury trial.  As a Seattle DUI Attorney theses types of cases are always tough when the Prosecution was not offering any kind of plea deal, and my policy in those types of cases is to hold the Prosecution to their burden of proof and make them do their job.  In the end my client received the exact same sentence from the Judge he would have received if he just plead guilty.  But he also has an interesting appeal issue should he choose to move forward with it.

Upcoming I have some interesting cases set for jury trial.  I think they are good cases, and a verdict can go either way.  Which is all you can ask for in a criminal case.  Especially a DUI charge where usually the evidence is stacked in favor of the Prosecution.  So I will keep you posted on how those turn out.  

Remember with the summer in Seattle finally arriving, its important to not drink and drive.  But if you find yourself in the position of being investigated for a Seattle DUI.  Follow these simples rules and you will ensure your constitutional rights are protected.

1. Decline to answer any questions
2. Decline to do any field sobriety tests
3. Decline to do the portable breath test at the scene
4. Ask to speak with a Seattle DUI Attorney prior to submitting to the breath test at the station.

The importance of getting an alcohol and drug assessment early in a DUI case

So what is an alcohol and drug assessment.  It involves having the client meet with a counselor for roughly an hour and a half and be interviewed to determine whether they suffer from alcohol and or drug abuse or dependence. At the conclusion of the interview the counselor will write up a report and state whether the client has any alcohol and or drug issues and whether or not the would benefit from treatment. As a Seattle DUI Attorney having a client get this assessment done early on in the DUI process will greatly benefit them for a number of reasons.

First a Judge will require the client to get an assessment done at the time of sentencing whether it is to the DUI as charged or to some lesser offense. In other words unless the DUI charge gets completely dismissed or reduced to a traffic infraction this is mandatory. It is my opinion since the client will be required to do it anyway, it's best to get it done with and have one less thing to worry about.  Besides it looks good in the eyes of the Judge when a defendant does things before they are imposed by the Court.  

Secondly since it will be required the client might as well know what they are agreeing to. As I stated above at the time of sentencing the Judge will require the client get this assessment done. If it's not done prior to the sentencing then the client will just be agreeing to do whatever it says without knowing what it is. In other words if the client waits until after sentencing to get the assessment done, and it comes back they suffer from alcohol dependence and requires 2 years worth of treatment that is going to cost $5000 than that is something they probably would have liked to know when they were deciding whether to take a plea deal which was contingent on them agreeing to do the assessment and any follow up treatment.

Lastly the assessment can be used as a negotiation tool with the Prosecution. In my experience as a Seattle DUI Lawyer when the Prosecutor is on the fence about whether or not to offer a reduction in charges one of the factors they will consider is whether or not it's likely the Defendant will get in trouble again. If the Attorney can provide an assessment saying the Defendant doesn't have any substance abuse issues, and they are not likely to reoffend, and this Seattle DUI arrest was out of character than that is something that may sway the Prosecutor from one side of the fence to the other side.

WSP gets clever to nab speeders and aggressive drivers

The Washington State Patrol launched a pilot program today to crack down on speeders and aggressive drivers using new and improved strategies.  This is modeled after the Target Zero DUI task force which also employs the Washington State Patrol in an effort to crack down on DUI offenses in Washington State.

This new task force for speeders in going to be focused on certain areas that have been known to have increased speeding infractions and other known problems.  This will be based on prior offenses that is kept in a database.

In my opinion this will be yet another way to get around pre textual stops for DUI related investigations.  WSP is not stupid, and they know the best way to arrest those accused of DUI is for minor traffic infractions.  The problem with that is it can be unlawful to stop someone for a minor infraction with the intent to conduct a criminal investigation without any reasonable and articulable facts of criminal activity.

Often times in a DUI cases that happens when somebody gets pulled over for allegedly committing an infraction.  The officer smells an odor of alcohol, and immediately asks the driver to exit the vehicle.

To read the article click here.  Remember if you have been arrested for DUI and you feel you were unlawfully targeted, then it is of the utmost importance to contact an experienced DUI Attorney to ensure your constitutional rights are protected.  

Seattle DUI Attorney philosophy on plea deals

One of my philosophies on defending a DUI out here in Seattle, WA is when to take a plea deal and when not do.  Often times during negotiation on a DUI case, the Prosecution isnt willing to offer any kind of plea deal.  When this happens the client has only two options.  Either plead guilty as charged on the DUI, or continue to fight the case and have a jury trial.

Here in Washington State every DUI charge carries a mandatory penalty.  For example on a first offense under .15 breath test the mandatory penalty is 1 day in jail, $866 fine, 90 day license suspension, and a 1 year ignition interlock requirement.  As I stated above often times the Prosecution is not willing to offer any sort of deal and they want the client to just take the DUI charge.

Well my philosophy when it comes to this is very simple.  Im of the opinion that in order for a person to plead guilty there needs to be some sort of incentive to do so.  Whether that is a reduction in charges, no jail, no license suspension, whatever the incentive is there needs to be one.  The interesting thing about being charged with a DUI in Washington State is if you go to trial on a DUI case, and you get convicted there is probably a very good chance that the Judge will impose the mandatory sentence.  The very same sentence the Prosecutor wanted.  So why not roll the dice and see what happens.

Now I can appreciate it when a client cant take the time of work, or they feel going to trial would end in the same result, or Ive even had clients say they felt there were guilty of the DUI and just wanted to move on.  My response to them is look you have this constitutional right.  You owe it to yourself to try and see what happens.  Often times I have clients that dont have any criminal history and this is their first brush with the law.  A DUI conviction can screw up a lot of things, and if you dont have any interesting in doing whatever is possible to try and avoid this then why hire a Seattle DUI Attorney.

This is just my opinion on this.  Obviously going to trial on a DUI case is not something to be taken lightly.  It takes a lot of commitment, a lot more court time, and you run the risk of getting more jail.  But with that being said I've represented thousands of people charged with a DUI, and I've litigated almost 125 jury trials.  Not once has a client ever been worse off for going to trial.  Take that for what its worth.

Advice from Roadhouse the movie that will help with your DUI case

The other night I watched the movie "Roadhouse," with Patrick Swayze.  This is a great movie from the 80's.  Ive seen it probably a dozen or so times.  It usually comes on late at night on TBS or TNT.  If you havent seen it, I highly recommend you watch it.

If you follow this blog you know this is a Seattle DUI Attorney blog that discusses all DUI related info, and news.  Its a hodgepodge of anything and everything I think about DUI related.  So why am I talking about "Roadhouse."  Well its very simple there are some great quotes in there that I think are applicable to DUI cases.

If you google DUI blog, or DUI news, or anything informative thats DUI related.  You will get a lot of information on how to beat a DUI charge.  Typically those involve not answering questions.  Not doing the field sobriety tests.  Asking to speak with a DUI Attorney.  But what you dont typically see is how to not lose a DUI case.  And this is where "Roadhouse," comes in.

There is this scene in "Roadhouse," where Patrick Swayze, aka Dalton is about ready to start his first night at the Double Duece.  He is the worlds greats "cooler," or lead bouncer for those who have never seen it.  So he is sitting there about ready to start his night, and he is talking with the other bouncers.  Telling them how they should act, what he expects, how he anticipates the night to go.  During this time he discloses his three rules to being a good bouncer.  The last rule is whats pertinent to this blog.  Here is the dialogue:


Dalton: Don't worry about it; all you have to do is follow 3 simple rules: One, never underestimate your opponent..expect the unexpected; Two, take it outside, never start anything inside the bar unless it's absolutely necessary; and Three...be nice.
Hank: [Incredulously] Come on!!
Dalton: If somebody gets in your face and calls you a cocksucker I want you to be nice
Hank: [With resignation] Ok
Dalton: Ask him to walk, be nice, if he won't walk, walk him, but be nice, If you can't walk him, one of the others will help you and you will both be nice...I want you to remember, that it's the job, it's nothing personal.
Steve: Being called a cocksucker isn't personal?
Dalton: No, it's two nouns combined to elicit a prescribed response
Steve: What if somebody calls my Mama a whore?
Dalton: Is she?


Remember if you have been arrested for a Seattle DUI.  Follow this one simple rule.  Be Nice.  The quickest way for you to lose your DUI case, or hurt your chances at getting a positive outcome is to be rude to the arresting officer.  Hey I know you're pissed.  You're angry.  But do your best to keep your emotions under control, and Im telling you it will help not only chances of beating the charge, but will also help your DUI Attorney. 

News article on DUI field sobriety tests

I recently came across this article discussing whether or not a person should do the field sobriety tests if they are being investigated for a DUI.  The news article is from Atlanta, but the gist of the article applies the same as here in Washington State.

Dr. Spurgoen Cole a retired physician is quoted in the article as saying, "[the field sobriety test] is designed to fail.  Its designed to fail.  There are no norms, there is no average score.  We have no idea what an average person can do on the one leg with the heel to toe."  And lastly he recommends that nobody takes them.

Hopefully most people know by know that if you're being investigated for a DUI, its probably best to not do the field sobriety tests (the tests in the field, always ask to speak with an attorney prior to the breath test at the station).  Although they may seem easy, when you take into account the circumstances, the situation, the environment, the lack of any real scoring system, and the fact your liberty is at stake.  These are not ideal test conditions, and the smallest mistake can mean the difference between jail and going home.  Not to mention my personal opinion is that these tests are nothing but junk science and I do believe they are designed for a person to fail.  As as attorney I feel its always best to limit the amount of evidence law enforcement can gather against you.  You have the right to remain silent and the right to be free from self incrimination.  This includes the right to not answer questions, but also the right to decline these field sobriety tests.

If you have been arrested for a DUI, and you agreed to take the tests.  All is not lost.  There are still plenty of ways to challenge the admissibility of these tests, albeit it makes the DUI case more difficult.  Feel free to call my office for a free 60 minute consultation if you have been recently arrested for a DUI.

Leyba Defense PLLC | DUI Defense

New DUI related case on pretextual stops

So whats a pretextual stop?  To put it simply its when a police officer stops a vehicle for some kind of minor infraction with the sole purpose of the stop not being the actual infraction committed, but to investigate possible criminal activity.  You see lots of stops like this in DUI cases, especially here in Seattle, Washington, where we have lots of State patrol troopers traveling up and down I5 at night looking for people to pull over and investigate for DUI.

Recently the Court of Appeals Division III in Washington ruled on a case involving a pretextual stop.  In this case a patrol officer followed Gilbert Chacon Arreola's blue Chevy for over a half mile because it fit the description of a car reportedly driven by a drunk driver.  While watching for signs of impaired driving, the officer noticed an illegally modified muffler, and decided to initiate a stop based on that and nothing more.  In other words the sole basis of the stop being to investigate for a possible DUI.

The Court of Appeals held this was an unconstitutional stop because the Officer's primary reason for the stop was not to cite the alleged infraction for a modified muffler, but because the officer admitted his primary purpose was to investigate for DUI.  And despite following the vehicle for approximately 45 seconds, no observations indicative of impairment was observed, and therefore this stop was without authority of law.

I meet with many people who tell me the same thing.  They were driving home on I5 or I90 or 520 and they got pulled over for not signaling, for following a car too closely, or some other minor infraction.  When they get contacted by the officer, the officer doesn't talk to them about the reason for the stop and explain why they are being pulled over, but immediately asks if they have been drinking and if they have then they begin a DUI investigation.  In my opinion this is unlawful and these kinds of unlawful seizures should be challenged.

If you have recently been contacted by law enforcement and you were arrested after allegedly committing a minor traffic infraction contact my officer immediately to ensure your constitutional rights are protected.

Leyba Defense PLLC | Seattle DUI Defense