How will this affect those cases in which blood is drawn for a Washington DUI arrest wherein the individual is incapable or unable to provide a breath test or is being treated in the hospital for injuries?
These individuals are read an Implied Consent Warning for Blood and the Government's position will be that since they are advised it is voluntary, it is an exception; however, I believe quite clearly the Supreme Court holds steadfast that a warrantless search via blood draw, regardless of the nature, in a DUI case is impermissible. The reason I believe it is impermissible is that in the Implied Consent context, there are repercussions for a Refusal of the test (that is, license suspension and use as evidence of consciousness of guilt) which amount to, arguably, coercion and that makes the "consent" not really consent.Undoubtedly, there will be numerous challenges and rulings for and against the suppression of blood draw evidence under RCW 46.20.308 (2) and (3) and the Supreme Court will have to further articulate its ruling. That is the nature of the beast in DUI cases.
Believe it or not you have less rights when charged with a DUI in any state and these blood draws were a perfect example.
Let the debate and litigation commence.
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About the author:
Nathan Webb, is a seasoned Seattle DUI Lawyer. His practice emphasizes DUI defense. He has been repeatedly recognized as one of Seattle's Best Attorneys! He was recognized as a Top Seattle DUI Attorneys by Seattle Met Magazine, Repeatedly named a Super Lawyer Rising Star in the area of DUI Defense by Washington Law and Politics Magazine, and Rated Superb for DUI Defense (10.0 out of 10.0) by Avvo.com.
