The Seattle Times is reporting that the state Supreme Court is now allowing for search warrants for blood draws when you refuse to give a breath test under Washington State’s Implied Consent law.
First of all, this is not news.
RCW 46.20.308(1), which went into effect on January 1, 2009 reads in relevant part: “Neither consent nor this section precludes a police officer from obtaining a search warrant for a person’s breath or blood.”
Yes. It’s been there all along.
Secondly, don’t let the prosecutor’s strong stance fool you. It isn’t happening on any sort of regular basis. Why? They’d rather have a refusal!! It’s consciousness of guilt and admissible. What happens if they get the blood, and it’s a .03? There goes their case.
Thirdly, I don’t think this fight is over. The Court’s opinion generally makes implied consent a useless term. What’s the point in having the right to refuse something they can compel you to give?
Regardless, this is why I advise all of my clients generally speaking to give the BAC test. Getting a BAC suppressed is often doable. Refusals on the other hand present issues at times.
Regardless, if you found yourself with a DUI arrest over the Labor Day Weekend in Seattle, Lynnwood, Everett, or surrounding areas – call Mill Creek DUI Attorney Jonathan Dichter – for your FREE CONSULTATION!