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King County DUI Blood Test Refusal

There is a recent legal issue that may enable King County DUI attorneys to have success with contesting the validity of DUI search warrants. Currently, Seattle Police Department (SPD) officers obtain search warrants for DUI blood samples (after a DUI suspect refuses to give a breath test sample) via email. With this “procedure”, there is no sworn, recorded testimony or affidavits submitted to a judge. Instead, an informal, brief telephone call and editable Microsoft Word documents are exchanged through email. In the specific case next referenced, the emails did not refer to the telephone calls at all. This “procedure” has been found by a Seattle Municipal Court judge to not comply with the applicable court rules. This resulted in the suppression of a DUI blood test result in that particular case. A competent, experienced King County DUI attorney can identify and effectively argue issues such as the ones above.