State toxicology labs are dealing with an enormous backlog of alcohol and drug test evidence that could delay or jeopardize DUI prosecutions, officials warn.
The Washington State Patrol reported that its toxicology division has experienced a 59% increase in forensic casework submissions since 2015, but staffing levels didn’t keep pace.
Lawmakers stepped in with additional funding, and in 2023 the Washington State Patrol opened a second toxicology lab in Federal Way. State lab administrators believe they are now turning the tide, but say there’s a long way to go.
Assistant Toxicology Division Commander Brian Capron told TVW’s “The Impact” that the toxicology labs have reduced the backlog from a peak of more than 17,000 cases last August to around 14,000 cases today, despite record numbers of new submissions.
According to Capron, the agency is currently on track to hit their target of 90-day turnarounds by late 2028.
“We do believe that we’re over the hump and we are on the downside slope,” said Capron. “Permanent funding is obviously very key for us to keep us on this downward trend.”
This year lawmakers passed a bill to authorize local governments to outsource toxicology tests to private labs, provided they cover the cost of retrieving and processing the samples.
During a January hearing on the bill, state traffic safety resource prosecutor Bradley Lane testified, “The average turnaround for tox referrals is about 45 days. For us, it’s 10 months for alcohol/THC — to 22 months for drugs.”
The statute of limitations for a typical gross misdemeanor DUI in Washington is 24 months.
Washington Association of Prosecuting Attorneys director Russell Brown voiced concerns about shifting forensic costs to cities and counties, but he agreed with the underlying goal.
Brown referenced a conversation with a prosecutor from Kitsap.
“He had DUIs on his desk that just this past week expired the statute of limitations. They could not file because they could not get the blood tests back in time,” said Brown.
Capron told TVW the WSP toxicology lab administrators are working to avoid those situations.
“Our laboratory managers and our supervisors are consistently tracking those oldest cases, and we’re trying to move all of those up and get those assigned and make sure that they are being worked in an orderly fashion so that we don’t bump up against that statute of limitations,” he said.
This article was first published by TVW, a media nonprofit that provides comprehensive coverage of state government. TVW broadcasts unedited gavel-to-gavel coverage on statewide cable and at tvw.org, and produces original current affairs and education shows, including “Inside Olympia” and “The Impact”. TVW’s mission is to give Washingtonians access to their state government, increase civic access and engagement, and foster an informed citizenry.
