Do You Have to Submit a Blood Draw for a DUI in Pierce County, WA?
Do You Have to Submit to a DUI Blood Draw in Washington?
Police may ask for a blood sample when they suspect someone of driving under the influence of alcohol or drugs. But does that mean you have to agree?
Not necessarily. Washington law does not require you to consent to every blood test an officer requests. However, police can obtain a sample without your permission if they have a valid search warrant or another lawful reason to proceed without one.
Blood draws involve different rules from breath testing. Refusing to consent does not automatically carry the same penalties as refusing an official breath test after arrest.
If police requested or obtained your blood during a DUI investigation in Tacoma or elsewhere in Pierce County, the circumstances of that testing may play an important role in your defense.
When Do Police Request Blood Tests During a DUI Investigation?
Police commonly use evidentiary breath tests when they suspect alcohol impairment. These tests measure alcohol concentration but cannot detect marijuana or other drugs.
Blood testing allows investigators to measure alcohol concentrations and identify drugs that breath-testing equipment cannot detect.
Officers may seek a blood sample when they suspect marijuana, prescription medication, or another drug contributed to impaired driving. They may also request blood testing after a serious collision, when someone cannot complete a breath test, or after a driver refuses evidentiary breath testing.
A blood test can provide important evidence, but the results do not automatically establish that someone committed DUI. Prosecutors must still prove the elements of the offense under RCW 46.61.502.
Does Washington’s Implied Consent Law Require You to Give Blood?
Washington’s implied consent law, RCW 46.20.308, primarily governs evidentiary breath testing after an arrest.
Under that law, a driver may refuse the official breath test, but doing so carries substantial license penalties.
Blood draws work differently. The implied consent law does not automatically authorize police to collect someone’s blood without permission.
Instead, RCW 46.20.308(4) allows officers to obtain blood through a search warrant, valid consent, exigent circumstances, or another recognized legal authority.
The United States Supreme Court addressed the distinction in Birchfield v. North Dakota (2016). The Court held that police may generally conduct evidentiary breath testing as a search incident to a lawful DUI arrest, but that exception does not automatically authorize blood testing without a warrant.
Blood testing involves a more intrusive search because it requires collecting a sample from inside the person’s body.
If you decline to consent to a blood draw, officers may still seek a warrant authorizing the procedure.
Can Police Require a Blood Draw With a Search Warrant?
Yes. A valid search warrant generally allows police to obtain a blood sample without the driver’s consent.
To obtain a warrant, officers must present sufficient evidence to establish probable cause. A judge then determines whether the proposed search meets the legal requirements.
Once officers have a valid warrant, refusing permission does not necessarily prevent them from carrying out the blood draw. However, police must execute the warrant reasonably and follow the applicable requirements for collecting blood.
The warrant also matters when investigators analyze the sample.
In State v. Martines (2015), the Washington Supreme Court considered whether a warrant authorizing a blood draw also permitted laboratory testing for alcohol and drugs.
The court concluded that the warrant in that case authorized both collecting the sample and analyzing it for intoxicants. Police did not need a separate warrant for the laboratory tests because the original warrant, reasonably interpreted, covered that investigation.
An attorney reviewing a DUI blood draw may examine whether officers established probable cause, whether the warrant authorized the search they conducted, and whether they stayed within its lawful scope.
Can Police Draw Blood Without a Warrant?
Sometimes. A driver may voluntarily consent to a blood draw, and certain emergencies may allow officers to proceed without obtaining a warrant.
However, police cannot automatically claim an emergency simply because alcohol levels change over time.
In Missouri v. McNeely (2013), the United States Supreme Court rejected the argument that the natural disappearance of alcohol from the bloodstream always creates an emergency justifying a warrantless blood draw.
Instead, courts must consider the circumstances of the particular investigation.
Unconscious drivers present a different situation.
In Mitchell v. Wisconsin (2019), the Supreme Court considered a suspected impaired driver who became unconscious before officers could complete evidentiary breath testing.
A plurality of the Court concluded that exigent circumstances generally permit a warrantless blood draw when a driver is unconscious and cannot undergo breath testing. However, that reasoning does not make every warrantless draw from an unconscious driver lawful. The particular circumstances still matter, and a driver may have grounds to challenge the search.
An attorney can examine whether officers had adequate justification for proceeding without a warrant and whether they conducted the blood draw lawfully.
What Happens if You Refuse a DUI Blood Test?
Refusing to consent to blood testing does not, by itself, trigger the automatic license revocation that Washington imposes for refusing an evidentiary breath test after arrest.
That distinction is important because the two types of refusal have different legal consequences.
However, refusing a blood test may still affect a criminal DUI case.
Under RCW 46.61.517, prosecutors may introduce evidence that a person refused blood testing when a search warrant or a recognized exception to the warrant requirement authorized the seizure.
The prosecution may argue that the refusal supports its case. A defense attorney may challenge the circumstances surrounding the refusal, the lawfulness of the proposed test, or the significance prosecutors attach to the driver’s actions.
Officers may also obtain a warrant after a driver declines voluntary testing. Once they have lawful authority, they may proceed with a blood draw despite the driver’s objections, subject to constitutional and procedural limitations.
If you separately refused an evidentiary breath test after arrest, that refusal may trigger administrative license penalties even if officers later obtained a blood sample.
Our guide to refusing DUI testing or a breathalyzer in Washington explains the different testing requirements and refusal penalties.
Can You Challenge DUI Blood Test Results?
Yes. Blood testing can provide strong evidence, but the results depend on proper collection, handling, and laboratory analysis.
Washington law establishes requirements for both the people who collect blood and those who analyze it.
Under RCW 46.61.506, authorized personnel include physicians, nurses, certain emergency medical professionals, appropriately credentialed phlebotomists, and other qualifying healthcare professionals.
The statute also establishes qualifications for testing laboratories and analysts. Under the law currently in effect, qualifying analysis may come from an individual using methods approved by the state toxicologist while holding the required permit, or from a laboratory that meets the applicable ISO/IEC 17025 forensic toxicology accreditation requirements.
Washington’s WAC 448-14-020 specifically addresses blood alcohol analysis. It establishes standards concerning analytical procedures, sample preservation, reporting, and retention.
The particular testing requirements depend on the substance being analyzed and the laboratory methods involved.
A defense attorney may examine whether:
- A qualified person collected the sample using the applicable procedures.
- Officers and laboratory personnel properly identified, documented, and stored the evidence.
- The laboratory followed the appropriate analytical procedures.
- The results reliably support the prosecution’s interpretation.
Timing also matters.
Washington’s DUI statute establishes a THC concentration threshold of 5.00 nanograms per milliliter of whole blood within two hours of driving. This threshold applies to the per se DUI provision for drivers age 21 or older.
Under RCW 46.61.502(4), prosecutors may also use blood samples collected more than two hours after driving as evidence that a driver exceeded the statutory threshold during that earlier period. The defense may challenge what the later result actually establishes.
A THC result below 5.00 does not automatically rule out a DUI charge based on actual impairment. Similar questions can arise when alcohol levels change between driving and blood collection.
Washington law also allows a person to arrange additional testing through a qualified professional. Under RCW 46.61.506, someone who submits to testing at an officer’s direction may request information concerning those tests.
Problems with the collection or analysis of blood evidence do not automatically invalidate the results. However, they may provide grounds to challenge their admissibility, reliability, or significance in court.
Can a DUI Blood Test Lead to License Suspension?
Yes. Even when a driver submits to blood testing without refusing a breath test, qualifying results can trigger administrative action by the Washington Department of Licensing (DOL).
For drivers age 21 or older, an alcohol concentration of 0.08 or higher or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher may support an administrative suspension under the applicable statutory requirements. Washington applies lower thresholds to drivers under 21.
When officers obtain blood during a DUI investigation, the DOL may send a notice of proposed suspension after receiving the laboratory results.
Under RCW 46.20.308, you generally have seven days after receiving that notice to request an administrative hearing. The deadline does not necessarily begin on the day police arrested you.
Our guide to Washington DUI hearings explains the hearing process and how drivers can challenge the proposed action.
The DOL proceeding is separate from the criminal DUI case. Even if prosecutors dismiss the criminal charge, you may still face administrative licensing consequences.
Speak With a Tacoma DUI Defense Attorney
A blood-test result may appear straightforward, but an attorney must consider more than the number on the laboratory report. The reason police requested the sample, the warrant or other authority they relied on, and the methods used to collect and analyze the blood can all affect the case.
At the Law Offices of Smith & White, we review DUI investigations for constitutional violations, testing problems, and weaknesses in the prosecution’s evidence. Our Tacoma DUI defense attorneys can examine the circumstances of a blood draw and determine whether grounds exist to challenge the evidence.
If you face DUI charges in Tacoma or elsewhere in Pierce County, the first consultation is free. We can be reached through our online form or by calling (253) 203-1645 to set up a meeting.