In Washington State each and every now and then a Washington Supreme Courtroom circumstance substantially alterations the legislation involving DUIs. The circumstance of State v. Gauthier is exactly one of those circumstances. In circumstance you might be not familiar with this Supreme Courtroom circumstance is stands for the proposition that use of defendant’s assertion of his constitutional proper to refuse to consent to warrantless look for in a prison trial violates the defendant’s constitutional proper towards unreasonable look for and seizure.
This circumstance involves a DNA swab and the defendants refusal which was afterwards used towards him in a prison trial. So how does this relate to DUI regulation in Washington State.
Well under RCW 46.twenty.308 (two)(b) which is Washington State’s statute dealing with breath exam and blood exam refusals. The implied consent regulation states which is one of the warnings essential by this distinct statute is that a driver’s refusal to consent to a warrantless breath exam “could be used in a prison trial.” As a result if a defendant in a DUI circumstance refuses to choose a breath or blood exam, the Prosecutor in that prison trial can argue to a jury that the motive the defendant choose not to choose that exam is simply because they knew they would be about the legal limit. This is the aware of guilt argument that Washington circumstance regulation has upheld for years.
Nonetheless if you apply the analysis in the State v. Gauthier circumstance to DUIs you can make the next argument. 1st because a blood exam has been recognized as a look for subject to a 4th modification analysis, then a breath exam should really also be viewed as a look for. If a breath exam is a look for subject to the 4th modification and the defendant exercises their 4th modification proper and there is not an exception to the warrant requirement. Then that invocation of a constitutional proper can’t be used towards them.
On top of that because Washington State employs the implied consent statute which states a refusal can be used towards them. This is no puzzling and deceptive. Considering the fact that a refusal of a constitutional proper can’t be used towards a defendant.
Now clearly there is a minimal bit much more than goes into this argument and analysis. But because this Washington State Supreme Courtroom circumstance has occur out a new interpretation of the implied consent regulation in Washington State can be produced and used in a DUI prison circumstance or trial.