Washington Injury Law Blog

Think getting pulled over for drinking and driving in Washington state was scary before, think again!  You could be subject to an involuntary blood draw if you’re pulled over for a DUI.  The Washington state Supreme Court recently handed down a decision that allows police to force you to give a blood sample following a DUI stop.

The court said that police may obtain a search warrant for a blood alcohol test even if the driver has refused to take a voluntary breath test.  The court found that obtaining a warrant for a driver who decline the breath test does not violate consent law, due-process rights or legal fairness doctrines.  That is unbelievably scary to me!

You have to right to refuse a breath test, which carries an automatic penalty of losing your driver’s license for one year.  But now regardless of your consent refusal police can get a warrant for a blood test, which by the way they don’t have to tell you they are getting the warrant.  If effect your refusal to a breath test is meaningless because the police can get around your refusal by forcing a blood test instead.  Appalling, really appalling!!  DUI laws are now so harsh that you would be crazy to drink and drive in Washington state. 

For practical purposes the police will likely only seek blood test warrantrs in the most serious DUI cases, most likely involving serious injury or fatal car accidents.  You could also see it used on repeated offenders where a felony DUI charge may be pursued.