Affidavit in DUI Case Fails to Evidence of Driving

Posted Thursday, July 20, 2017 by Andrew Charles Huff

A recent appellate court decision just held that an officer’s affidavit seeking a blood draw in a DUI case was insufficient to show probable cause and therefore suppressed the results. The basis? The Court found the affidavit failed to establish the driver of the car was…well, actually driving.

The Petitioner Anthony Youngs argued to the Court of Appeals-Division One that the officer’s affidavit seeking a warrant for a blood draw stated that he “was involved in a one car rollover collision. He was then transported to Evergreen Hospital.” But the Court decided this mere statement to be insufficient to show whether or not Youngs was actually driving the car. The Court explained that this statement was merely a “summation of facts known to the officer” and fails to specify important details, such as evidence of actual driving by Mr. Youngs. Therefore, blood draw evidence suppressed.

State of Washington v. Anthony Young