OPINION: Pass a bill to fix backlog of Washington DUI cases

The number of Seattle motorists arrested for driving under the influence of drugs or alcohol has doubled since 2014, according to City Attorney Ann Davison. Under current law, many of those cases are not adjudicated for more than a year.

That’s because of a legal constraint that leaves more than a yearlong backlog of cases awaiting toxicology results from the Washington State Patrol’s forensic lab.

That needs to be rectified, immediately, and state lawmakers can help do that by passing House Bill 1228.

Currently, state law requires all such blood-alcohol tests be performed by the state’s lab. HB 1228, co-sponsored by Rep. David Hackney, D-Renton, and Rep. Andrew Barkis, R-Olympia, would allow local communities to hire certified private companies to perform such tests. For Seattle, it would help the City Attorney’s office speed up the prosecution of cases.

Currently it takes an average of 424 days from the time the Seattle Police Department submits a toxicology request until results are returned to the city. About 900 DUI cases await test results, according to the City Attorney’s Office. With the surge in fentanyl use, the city is now seeing more DUIs involving drugs than alcohol.

In some cases, the lag time with the state is so long suspects have acquired a second DUI before test results from the first arrest are returned. In one case, a driver was arrested on July 12, 2022, suspected of being under the influence of meth and fentanyl after being found passed out in his vehicle. His blood was drawn and sent to the state lab where it took 636 days to come back. Between that time, the suspect was arrested again on suspicion of DUI on Dec. 7, 2022. Those toxicology results took 659 days to process.

Since the statute of limitations for DUI is two years, the City Attorney’s Office charged the suspect for the first case on July 2, 2024, and the second case was charged on Oct. 19, 2024, barely making the statute of limitations.

This is a problem that should be fixed. Many states such as Oregon allow for private testing of blood evidence in DUI cases. Under the proposed bill, any private testing company or independent toxicologist would have to be federally certified as qualified to do such work.

Allowing local communities such as Seattle to hire out for this service would help reduce the backlog and protect the public from motorists who endanger the lives of others and themselves.

TNS