Each year new laws are implemented by Washington’s legislature. That fact holds true for 2026. Thus, under one new statute - RCW 46.61.5062 - law enforcement agents can now use oral fluid (i.e. saliva) testing devices during DUI stops. Unlike handheld breath test devices, which test for alcohol, these portable oral testing devices test for the presence of drugs in a driver's saliva. Unlike breath or blood testing devices, however, these saliva tests can only indicate recent drug use, they can’t assess any quantifiable level of drug in a person’s system. What is extremely important to know is that: (1) these oral tests are completely voluntary, and folks can refuse them without penalty, (2) these oral test results cannot be used in court, (3) these oral tests do NOT satisfy the implied consent requirement under Washington’s laws, (4) taking an oral fluid test is NOT deemed or otherwise considered an alternative to breath or blood testing, and (5) police officers must inform people of all these above rights before administering an oral saliva test. Additionally, it is important to understand that biological samples (like saliva) must be destroyed within 24 hours of them being obtained.
If you or a loved one is in a bind as a result of criminal allegations, immediately contact a Seattle Criminal Attorney. A Seattle Criminal Defense Attorney is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 or (206) 441-0900.