RCW 46.61.506
Blood draws must follow procedures approved by the state toxicologist. This statute mandates that any law enforcement officer requesting a blood draw must follow specific, approved protocols. The statute requires that blood be drawn by a qualified medical professional, typically a nurse, phlebotomist, or emergency room physician, not by police officers. This requirement exists to ensure the collection procedure meets medical standards and to create a layer of professional oversight. The statute also specifies that the draw must occur within a reasonable time after arrest and must use properly approved vials and preservatives. Violations of these requirements can form the basis for suppressing the test result in court.
Results must be accurate, scientifically valid, and based on proper handling. This requirement means the prosecution cannot simply present a lab report. They must be able to prove through discovery that the sample was handled according to protocol at every stage. If any step in the chain of custody was improper, or if the lab failed to follow approved procedures, the result can be challenged as scientifically invalid. Defense attorneys regularly use expert witnesses to testify about improper procedures, forcing prosecutors to either provide adequate justification or accept suppression of the evidence.
RCW 46.20.308 (Implied Consent Law)
By driving on Washington roads, you automatically consent to testing for alcohol or drug impairment. This is the legal foundation for DUI testing, but it comes with important limitations. The law states that you can be tested if an officer has reasonable grounds to believe you're impaired. However, the officer must have probable cause. Mere suspicion is not enough. Additionally, you have the right to refuse testing, though refusal carries its own serious consequences (automatic one year license suspension).
Refusing a lawful blood test leads to immediate license suspension. However, the key word here is "lawful." If the officer lacked probable cause, if the blood draw was not conducted by qualified personnel, or if procedures were not followed, the refusal may be legally justified. A skilled defense attorney can challenge whether the test request was actually lawful, potentially invalidating the refusal penalty as well as preventing the test result from being used in court. Understanding your rights under implied consent is crucial. Many drivers don't realize they can refuse testing and request an independent test afterward.
WAC 448 14 020
Governs sample labeling, sealing, storage, and transfer. This administrative code specifies the exact procedures for collecting, handling, and storing blood samples. The code requires that vials be properly labeled with your name, date of birth, and sample collection date and time. Vials must be sealed immediately after collection. Samples must be stored in temperature controlled environments (typically 35 to 40 degrees Fahrenheit). Any transfer of the sample, from the collection site to the lab, or between storage locations, must be documented in a chain of custody log that includes the name and signature of each person handling the sample.
Noncompliance can render results inadmissible in court. If the prosecution cannot produce a complete chain of custody showing proper handling at every step, or if storage temperature logs show the sample was kept at improper temperatures, the evidence can be suppressed. This is not a technicality. Proper handling is fundamental to the scientific validity of the test. Defense attorneys regularly obtain discovery showing gaps in chain of custody or improper storage, and judges frequently grant motions to suppress based on these violations. must follow specific, approved protocols. The statute requires that blood be drawn by a qualified medical professional—typically a nurse, phlebotomist, or emergency room physician—not by police officers. This requirement exists to ensure the collection procedure meets medical standards and to create a layer of professional oversight. The statute also specifies that the draw must occur within a reasonable time after arrest and must use properly approved vials and preservatives. Violations of these requirements can form the basis for suppressing the test result in court.
Results must be accurate, scientifically valid, and based on proper handling. This requirement means the prosecution cannot simply present a lab report; they must be able to prove through discovery that the sample was handled according to protocol at every stage. If any step in the chain of custody was improper, or if the lab failed to follow approved procedures, the result can be challenged as scientifically invalid. Defense attorneys regularly use expert witnesses to testify about improper procedures, forcing prosecutors to either provide adequate justification or accept suppression of the evidence.
WAC 448-14-020
Governs sample labeling, sealing, storage, and transfer. This administrative code specifies the exact procedures for collecting, handling, and storing blood samples. The code requires that vials be properly labeled with your name, date of birth, and sample collection date/time. Vials must be sealed immediately after collection. Samples must be stored in temperature-controlled environments (typically 35-40 degrees Fahrenheit). Any transfer of the sample—from the collection site to the lab, or between storage locations—must be documented in a chain of custody log that includes the name and signature of each person handling the sample.
Noncompliance can render results inadmissible in court. If the prosecution cannot produce a complete chain of custody showing proper handling at every step, or if storage temperature logs show the sample was kept at improper temperatures, the evidence can be suppressed. This is not a technicality—proper handling is fundamental to the scientific validity of the test. Defense attorneys regularly obtain discovery showing gaps in chain of custody or improper storage, and judges frequently grant motions to suppress based on these violations.
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