Case Law Changes to Mandatory Blood Tests

Under State v. Gauthier, citizens have the right to refuse a warrantless blood test, and such refusal cannot be used as evidence at trial. Defense attorneys have argued for years that a breath or blood test constitutes a search and that without a warrant, citizens should have the right to refuse the search without consequence. Washington courts […]

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SCOTUS Clarifies DUI Blood Draw Warrant Requirement

A look at Missouri v. McNeely and its impact for practitioners in Washington state. Last week, the United States Supreme Court filed its opinion in Missouri v. McNeely, No. 11-1425, 2013 WL 1628934 (U.S. Apr. 17, 2013). This decision was widely publicized with headlines proclaiming that the Court now requires warrants for blood draws. Despite these headlines, that is […]

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Washington’s Marijuana Law — Sorting out the myths and facts

Learn how marijuana legalization affects DUI laws and investigations. One of the many myths surrounding the passing of Initiative 502 was that for the first time, it became illegal to drive under the influence of marijuana. Truth is, it has always been illegal to drive under the influence of any intoxicating substance, whether that is […]

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