On January 1, 2026, a new section to RCW 46.61 will take effect. The section pertains to law enforcement being able to obtain oral fluids in the DUI setting. Section 33 reads: (1) Any law enforcement agency utilizing oral fluid roadside information as part of the enforcement of driving under the influence laws must ensure the following: (a) The oral fluid test instrument or instruments to be used are valid and reliable; (b) Any peace officer who may administer an oral fluid test is properly trained in the administration of the test; (c) Prior to administering the test, the administering peace officer advises the subject of the following information: (i) The test is voluntary, and does not constitute compliance with the implied consent requirement of RCW 46.20.308; (ii) Test results may not be used against the person in a court of law; and (iii) Submission to the test is not an alternative to any evidentiary breath or blood test; and (d) The law enforcement agency establishes policies to protect personally identifying information from unnecessary and improper dissemination including, but not limited to: (i) Destruction of biological samples from oral fluid tests as soon as practicable after collection of test results; and (ii) Prohibitions against entering DNA samples or results from such tests into any database. (2) Any law enforcement agency administering an oral fluid roadside test as authorized in this section or section 1 of this act is strictly liable for (a) any failure to destroy biological samples from such tests within 24 hours or (b) unlawful entry of DNA samples or results from such tests into any database. In short, oral fluid testing my take the place or augment what is currently being used on the roadside during DUI investigations, the portable breath test. Clearly, Washington is planning on getting into the game of advanced DUI detection as it continues to crack down on DUI’s in and around the state.
If you or a loved one is in a bind as a result of a DUI charge, immediately contact a Seattle DUI Attorney. A DUI lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle DUI Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their DUI charge, and many times even get them dismissed. So, it should go without saying that someone cited for a DUI gross misdemeanor or felony should hire a qualified Seattle DUI Lawyer as soon as possible. DUI charges can cause havoc on a person’s personal and professional life. Anyone charged with a DUI in Washington State should immediately seek the assistance of a seasoned Seattle DUI Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
