Blood draw if I refuse Breath Test?

In light of the recent Washington State Supreme Court decision (see previous post) several people have already asked me whether it is likely that they will now have their blood drawn - if they refuse a breath test. I believe because of the sheer number of annual DUI cases (40,000+) in Washington that it is likely only in the most serious DUI cases  - accidents and felony DUI's - but again it will depend on the specific police department/law enforcement agency and the officer. That said, I wouldn't be surprised if some officers started administering blood draws routinely in every refusal case. Most importantly, if you are arrested for DUI it is imperative to talk to an experienced DUI attorney before you take the breath test at the police station so that they can advise you on the proper course of action for your particular situation.

Comments

[Jonathan Dichter]

The right of the officer to obtain a search warrant for blood after a refusal has been in place since January 2009. The ruling just clarified that it's okay for them to do so. I think nothing will change. However, I agree that all DUI defendants MUST confer with a skilled DUI Defense attorney before proceeding.