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Does the washington state patol have to have a search warrant to take blood, when they make a dui stop?

Federal Way, WA |

There was no accident, only stopped for a dui, the washington state patrol wanted to take blood. i said no. so i was wondering if they needed a search warrant to take my blood.

Attorney Answers 6

Posted

Could have the Trooper suspected a drug DUI? "where the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(5)."

You should set up a consultation with a DUI attorney and to go over the details.

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3 comments

Asker

Posted

"Drug DUI" is drug same as alcohol?

Asker

Posted

"Drug DUI" is drug same as alcohol?

Paulette R Burgess

Paulette R Burgess

Posted

No, when the attorneys above say "Drug DUI" they mean something other than alcohol. Alcohol can be measured through the BAC machine, but for drugs to be measured in one's system, the troopers need to perfrom a blood draw and send the blood to a lab for testing.

Posted

I will of course defer to WA lawyers on this one, but I would expect that your state has, like most states, an implied consent law. It is a legal fiction created by the legislature the creates implied consent to chemical testing for people who take the wheel of a vehicle and drive upon the highways. As you discovered you don't actually have to submit to such testing as may be requested. The usual penalty for a refusal is an automatic license suspension which is in no way dependent upon the outcome of the DUI charge. In my state that suspension for refusal is 12 months. The refusal is also evidence that can be used to aid in your prosecution by the state. This class of circumstantial evidence is known in the legal field as evidence tending to show a consciousness of guilt on the part of the accused. That is, a refusal of testing suggests that the accused refused due to an expectation that the evidence from chemical testing would be harmful. You need to retain a qualified lawyer to assist you without delay.

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Posted

The question is whether or not the officer found probable cause to believe that you were under the influence of a drug, which would give him the ability to request you submit to a blood test in the state of WA. If you refused then they can use this against you in court IF there was PC for the officer to make this request and did all else he needs to do in order for you to make an informed decision on whether to submit to the blood test or not. Get a DUI attorney now. I live in Moses Lake so I am too far away to really consider hiring me for your case, there are a number of qualified great attorneys here on avvo in your area so consult with some and pick the best one for you and so what type of case they have. Good Luck

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2 comments

Asker

Posted

I actually never said no i requested there be an attorney present, but he took it anyways. I need to know at that point did the officer need a search warrant to take my blood.

Patrick Owen Earl

Patrick Owen Earl

Posted

I can't answer this question FOR SURE without having the police report in front of me as your attorney, however it sounds like the officer at least thinks he had probable cause to ask you to do a blood test. Your attorney will have to investigate the issue to see if thisis true.

Posted

The answer is yes and no. You are given the choice to give blood or not and that doesn't require a warrant. If you say no, then the trooper can forcefully take your blood only after receiving a warrant. You have to hire a lawyer now.

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4 comments

Asker

Posted

So you are saying that if i said yes to the blood test he didn't need a warrant, but if i didn't want to do it he needed one

Vitaliy Kertchen

Vitaliy Kertchen

Posted

That's correct.

Asker

Posted

Can you tell me the RCW that says that please?

Vitaliy Kertchen

Vitaliy Kertchen

Posted

RCW 46.20.308.

Posted

In a DUI case, the officer can ask for a blood sample instead of a breath sample when there is:

(1) "Reasonable grounds" to believe you are driving under the influence of drugs;
(2) You are in the hospital being treated for injuries;
(3) The is probable cause for Vehicular Assault or Vehicular Manslaughter; or
(4) If you have been convicted of certain drug or alcohol-related felony driving offenses.

If you refuse a lawful request for a blood test, the officer has the option of getting a search warrant for your blood.

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Posted

There are two aspects to your question. One applies in the court and the other applies with the DOL. As other counsel advise, in order to use a blood test in court, the officer will ask for you to voluntarily provide a blood sample in a manner similar to their request to search your car. You can refuse but there are consequences. The refusal can be used against you at trial. You are required to provide a blood sample upon request for DOL purposes, so you can expect to lose your license for your refusal. This is the same as refusing the breath test at the station. The police can insist that you provide a blood sample in addition to the breath test or as an alternative.

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