Do You Have to Submit a Blood Draw for a DUI in Pierce County, WA?

If police stop you in Tacoma, Lakewood, Puyallup, or anywhere in Pierce County for suspected driving under the influence (DUI), you may face this critical question: Do I have to give a blood sample if they ask?

The answer is not always simple. Washington law handles blood draws differently than breath tests. Officers must follow stricter rules before they can require a blood test, and your decision to comply or refuse can have major consequences.

In this article, our Tacoma DUI defense attorneys explain what you need to know about blood draws in Pierce County: when they happen, how Washington’s implied consent law applies, what refusal means for your license and criminal case, and how an attorney may challenge the process.

For help with your case from our Tacoma, WA DUI defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

When Are DUI Blood Draws Used in Pierce County?

Most DUI arrests in Pierce County involve a breath test at the station. Breath testing is faster and less invasive. A blood draw becomes necessary in several specific situations:

Suspected drug use: Breath tests measure alcohol only. If officers believe your impairment stems from marijuana, prescription medications, or other drugs, they typically request a blood draw to confirm.
Medical or physical issues: Some drivers cannot provide a valid breath sample because of medical conditions or equipment limitations. In these cases, officers may turn to blood testing.
Refusal of a breath test: If you decline to blow into the evidentiary breath machine, officers may ask a judge for a search warrant. Once signed, the warrant authorizes a blood draw even without your consent.
Unconscious driver: If you are unconscious or physically unable to consent, officers may argue that exigent circumstances exist. Courts carefully review whether a true emergency justified bypassing a warrant.

Washington’s Implied Consent Law

Washington’s implied consent law (RCW 46.20.308) plays a central role in DUI testing. By driving in the state, you already consent to chemical testing after a lawful DUI arrest. While officers usually rely on breath machines, implied consent extends to blood tests in certain cases.

Before a blood draw can happen, officers must:

Establish probable cause to believe you committed DUI.
Obtain either your consent or a search warrant signed by a judge.
Show exigent circumstances if they skipped the warrant step because evidence risked disappearing.

If officers fail to meet one of these conditions, a forced blood draw violates the law, and your attorney may challenge the results in court.

Consequences of Refusing a Blood Draw

You can refuse a blood draw, but refusal carries weighty consequences:

License revocation: A first refusal results in at least a one-year revocation of your driver’s license. If you have prior DUI-related incidents within seven years, the revocation lasts longer.
Department of Licensing (DOL) hearing: You must request a hearing within seven days of your arrest. If you fail to act, revocation happens automatically.
Courtroom impact: Prosecutors may present your refusal to a jury as evidence that you knew you were impaired. Even without blood results, they can build their case using field sobriety tests, dashcam video, or officer observations.
Search warrant authority: Refusing does not always prevent a test. Pierce County judges frequently approve warrants for blood draws, which means officers may get the evidence regardless of your choice.

Example of a DUI Blood Draw in Pierce County

Here’s a fictional but realistic scenario:

Maria is stopped in Tacoma after weaving across lanes on I-5. Officers notice slurred speech and erratic behavior. They arrest her for DUI and request a breath test at the station. Maria refuses. Because her behavior suggests possible drug impairment, officers quickly obtain a warrant. Hospital staff draw her blood and submit the sample to the Washington State Toxicology Lab.

Maria now faces a one-year license revocation for refusal, plus potential criminal charges based on the blood test results. Her defense attorney later challenges both the warrant process and whether the blood draw followed proper medical procedures.

Frequently Asked Questions About DUI Blood Draws in Pierce County

Can officers force me to give blood without a warrant?
No, unless exigent circumstances truly exist. Officers usually need either your consent or a valid warrant.

What happens if I refuse after also refusing the breath test?
Your license will still be revoked, and prosecutors may argue refusal shows guilt. Officers can often still obtain your blood with a warrant.

Are blood tests more accurate than breath tests?
Yes. Blood tests provide more precise results and can detect drugs in addition to alcohol. This makes them the standard choice when impairment by substances other than alcohol is suspected.

Can my lawyer challenge a blood test?
Yes. Possible challenges include questioning whether the warrant was lawful, whether the draw followed approved medical procedures, and whether the lab maintained proper chain of custody.

What about drivers who are unconscious?
If you are unconscious, officers cannot automatically order a blood test. They must show that circumstances created a true emergency where waiting for a warrant risked losing critical evidence. Courts review these cases closely.

Does refusing ever help my case?
Refusal rarely helps. It usually results in harsher license penalties and still allows police to get a warrant. In some limited circumstances, refusal may keep certain test results out of evidence, but it often strengthens the prosecutor’s argument.

What to Do If Asked for a Blood Draw

Listen closely when officers read the implied consent warnings.
Understand that refusal triggers automatic license revocation.
Know that a judge can still issue a warrant for your blood.
Contact a Lakewood, WA DUI defense attorney as soon as possible.

An attorney can investigate whether your arrest was legal, whether the warrant met constitutional standards, and whether the blood testing process met all requirements under Washington law.

Bottom Line: Do You Have to Submit a Blood Draw for a DUI in Pierce County?

You are not automatically required to give blood just because an officer asks. However, Washington law gives officers the authority to obtain a sample through a warrant or, in rare emergencies, without one. Refusing often leads to harsher penalties than agreeing and rarely prevents testing altogether.

The smartest step after a DUI arrest in Pierce County is to act quickly. An experienced defense lawyer can fight the revocation, challenge the blood test, and protect your rights in both the Department of Licensing hearing and the criminal court process.

For help with your case from our University Place, WA DUI defense attorneys, call the Law Offices of Smith & White at (253) 203-1645. We are ready to defend you at every stage.