Handling First Washington DUI Case (2021 Edition)

Matthew Philbrook | Philbrook Law Office

Matthew Philbrook is a 2001 graduate of Gonzaga School of Law. He was an Associate with the firm of Harlan and Brace from 2002 to 2005 where he represented over 200 clients charged with DUI. Matthew formed Philbrook Law Office in 2005 with a passion for leveling the playing field and helping good people get back on track. Over years of approaching cases the right way Matthew has gained a great deal of knowledge and a reputation for success. Philbrook Law Office currently consists of three trial attorneys handling DUI Defense, Criminal Defense, Traffic Infractions, and Personal Injury.

Barbara A. Bowden |The Law Offices of Barbara A. Bowden

Barb’s practiced law for the past 35 years with an emphasis on DUIs and traffic infractions. A graduate of University of Puget Sound (UPS) School of Law, over the (loooooong) years, Barb gained an exceptional reputation with prosecutors and judges alike, and even the Washington State Patrol (WSP) and other law enforcement agencies. Barb’s practice was primarily built off of word-of-mouth referrals because she takes her work to heart. Barb’s success at winning DOL hearings far exceeds and outpaces the industry average.

Nathan Webb | Webb Law Firm

Nathan “Nate” Webb was raised in Texas and attended Texas State University (formerly Southwest Texas State University) in San Marcos, TX. He obtained his Juris Doctor from the University of Tulsa College of Law. He is an avid basketball fan and player. He was a member of the Seattle Lawyer’s Basketball League Championship team in 2007 and again in 2009. Nate was honored as a Super Lawyer Rising Star (2009, 2010, 2012 and 2014) by Washington Law and Politics Magazine and as one of Seattle’s Top Attorneys by Seattle Metropolitan Magazine (2012 and 2014). Nate Webb founded the Webb Law Firm in 2005.

For over 17 years, he has emphasized aggressive DUI representation for clients throughout the state of Washington. He is an extremely experienced Seattle Attorney and has successfully litigated over 1000 cases and conducted nearly 100 jury trials.

Nate Webb, is a member of:

• Washington State Bar Association
• American Bar Association
• Phi Delta Phi Legal Honor Fraternity

He is licensed to practice in the following courts:

• United States Supreme Court
• United States District Court (Western District of Washington)
• Washington State (all courts)

Nate enjoys playing golf, basketball, guitar and spending time with his wife and three children.

Claire Kintanar | Kintanar Law

As a practicing attorney since 2012, and owner of Kintanar Law, Ms. Kintanar has focused her entire career on criminal defense with a majority of her cases being either DUI or domestic violence cases. She has obtained numerous Not Guilty verdicts after DUI trials. She has been selected as a Rising Star Super Lawyer since 2019 and is currently serving as a public defender for the City of Puyallup, Milton, Auburn, and Maple Valley in Washington State.

Session I – Client Interview: Information Gathering, Written Fee Agreement, DOL Hearing, and Ascertaining the Client’s Goal | 3:00pm – 4:00pm
1. Midnight phone call | 3:00pm – 3:20pm

a. Privacy
b. Implied consent
c. Refuse questioning

2. Meeting to Learn and Educate | 3:20pm – 3:40pm

a. Administrative Suspension (DOL)
b. Criminal Prosecution
c. Client’s goals

3. Meeting to gather information | 3:40pm – 4:00pm

a. Stop
b. Reasonable Suspicion
c. Probable Cause
d. BAC Procedure

Break | 4:00pm – 4:10pm

Session II – Basic Foundation, Breath Tests, Blood Tests, ‘Standardized’ Field Sobriety Tests, and Department of Licensing Consequences | 4:10pm – 5:10pm

1. Defending DUIs | 4:10pm – 4:40pm
2. DOL Administrative Hearings | 4:40pm – 5:10pm

Break | 5:10pm – 5:20pm

Session III – Court Process: Arraignment, Discovery, Pre-trial Conferences, and Motions to Suppress | 5:20pm – 6:20pm

1. Arraignment – how to prepare, what to expect based upon each municipality, when to object to probable cause, how to address bail versus PR release, do you ever enter a guilty plea | 5:20pm – 5:35pm
2. Discovery – how to obtain the entire packet from the assigned prosecutor’s office, when to ask for supplemental discovery, what are your obligations regarding disclosure of defendant’s discovery | 5:35pm – 5:50pm
3. Pre-Trial Conferences – what is the purpose, how many can you expect to have, what issues are addressed at this stage | 5:50pm – 6:05pm
4. Motions to Suppress – opportunity to have a case dismissed on the merits, opportunity to suppress important evidence the prosecution seeks to admit, when to have your client testify, burdens of proof and how to efficiently present your argument | 6:05pm – 6:20pm

Break | 6:20pm – 6:30pm

Session IV – The DUI Trial: Common DUI defenses, Voir Dire, Opening Statement, Direction Examination, Working with Experts, Cross Examination, and Arguments Break | 6:30pm – 7:30pm
1. Need to differentiate alcohol vs drug DUIs | 6:30pm – 7:30pm

a. Is there a BAC reading? If not, is this a refusal? Or are we waiting blood draw results – what to do if no blood draw results are available, Attacking the Draeger vs Datamaster
b. Drug DUIs – is there are DRE expert? Understanding a DRE evaluation; Toxicologist interview
c. Experts for drug DUIs
d. DUI trials where there’s no evidence client was driving – Corpus Delicti motions
e. Consumption after driving
f. Physical Control trials – the difference & defenses available
g. MILs
h. Jury Instructions