Police need more than a breath test result to draw your blood without consent. Understanding how a blood search warrant works can be central to your defense.
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Washington's Implied Consent law requires you to provide a breath sample if arrested for DUI, but the same is not true for blood. A blood sample can only be taken if you consent or if police obtain a search warrant, which takes more time and paperwork than simply offering a breath test at the station. That extra step is exactly why breath testing is the default and blood testing is the exception.
Officers typically use a template warrant affidavit with check boxes and blank lines, then call an on-duty judge for a telephonic warrant hearing, which is audio recorded. The officer reads the affidavit to the judge, who then decides whether there is enough evidence to grant the warrant. This entire process can take as little as 30 minutes, but it still requires the officer to clear a legal bar, and that bar is where defense opportunities often live. If the affidavit does not provide enough specific information, or if the process was rushed or handled incorrectly, the warrant itself can become a point of challenge in your case.
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Free consultation. Available 24/7. We quote a flat fee up front and offer payment plans on most cases. The number we quote is the number you pay, no matter how many hearings your case takes.
Cases we handle
Mandatory jail, fines, and license suspension apply even to a first arrest. We fight for a reduction whenever the facts support one.
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Your license can be suspended before your criminal case is even resolved. You have only 20 days to fight it.
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Most DUI charges carry up to 364 days in jail. We build a defense around every stage of the case, not just the arrest.
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Multiple prior convictions can turn a DUI into a felony. We look hard at whether every prior conviction actually holds up.
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A path to a full dismissal for qualifying cases, in exchange for a serious, multi-year treatment commitment.
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Refusing carries its own penalties, but it can also weaken the state's case at trial. We help clients weigh both sides.
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Mandatory jail, fines, and license suspension apply even to a first arrest. We fight for a reduction whenever the facts support one.
Learn more
Your license can be suspended before your criminal case is even resolved. You have only 20 days to fight it.
Learn more
Most DUI charges carry up to 364 days in jail. We build a defense around every stage of the case, not just the arrest.
Learn more
Multiple prior convictions can turn a DUI into a felony. We look hard at whether every prior conviction actually holds up.
Learn more
A path to a full dismissal for qualifying cases, in exchange for a serious, multi-year treatment commitment.
Learn more
Refusing carries its own penalties, but it can also weaken the state's case at trial. We help clients weigh both sides.
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FAQ
Only with a valid search warrant, unless you voluntarily agree to the test.
Often not long. Officers can use a template affidavit and call an on-duty judge for a telephonic warrant, and the whole process can take as little as about 30 minutes. Even so, they still have to satisfy a legal standard, which is where a defense can sometimes be built.
Yes. If the affidavit lacked enough specific information, or the warrant process was rushed or handled incorrectly, an attorney can move to challenge the warrant and potentially suppress the blood evidence. Whether that succeeds depends on the specific facts of how the warrant was obtained.
Contact us
Free consultation. Available 24/7. We quote a flat fee up front and offer payment plans on most cases. The number we quote is the number you pay, no matter how many hearings your case takes.
