Washington State Supreme Court affirms right to independent blood test

The Washington State Supreme Court has thrown out a man’s DUI conviction because it was never proven that he was advised of his right to have an independent blood test at this own expense in Spanish.

The Implied Consent Warning is a something that is read to DUI suspects prior to law enforcement asking them to submit to a breath or blood test.  The warning outlines what happens to a persons license if they take the test and its over the legal limit or if they decline the test.  It also also informs them if their license gets suspended they may be eligible for an ignition interlock license, and they have the right to have additional tests administered by any qualified person of your own choosing.  In other words the DUI suspect as a right to have an independent test done at their own expense.  Such a test may be introduced at trial.

In the Washington State Supreme case, the defendant was convicted of a DUI and hit/run.  During the arrest the Trooper had an interpreter read the implied consent warning to the defendant.  However at trial the interpreter was never called to testify and therefore it couldn’t be shown whether the defendant was advised of the right to an independent blood test..

To read about the case click here

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