Backlog at WSP lab delays DUI prosecutionsSubscriber Exclusive

A backlog at the Washington State Patrol toxicology lab is delaying DUI prosecutions across Washington, with blood test results taking over a year to return in some instances.

About 600 Clark County DUI cases are affected, said Chris Loftis, a spokesperson for the State Patrol.

Washington relies on the State Patrol’s toxicology program to analyze blood samples in suspected impaired-driving cases from all 39 counties. Those results often are necessary to establish whether a driver was impaired by alcohol, drugs or a combination of substances before charges can be filed.

The backlog at the state lab has forced Clark County to hire private labs and scientists to testify in court at greater expense, said Dan Gasperino, the county’s senior prosecuting attorney and major crimes unit leader.

According to the Washington State Transportation Commission data, Clark County consistently files well over 1,000 DUI cases every year, making impaired-driving cases a significant portion of the local court docket. In 2023, the county filed 1,627 DUI charges.

As of this month, the lab has a backlog of roughly 19,300 cases and a staff of about 45 people, according to the State Patrol. The lab receives about 18,000 cases each year, with DUI testing accounting for roughly 65 percent of the workload and medical examiner cases making up the remaining 35 percent.

Loftis said delays have been building for more than a decade as demand has outpaced capacity.

“Starting in 2012 when cannabis was legalized, we started seeing a progression of needs of services that exceeded our capacity,” Loftis said. “In response, we opened up a second tox lab, and we have been hiring forensic scientists to join the team, but it takes 18 to 20 months to bring a forensic scientist on to become a full contributor.”

The volume and complexity of cases have increased as drug-related and poly-drug impairment have become more common, Loftis said. Those cases take significantly longer to analyze than alcohol-only samples.

Loftis said the caseload this year is at least a 5 percent increase from last year’s caseload.

“That number was in the 17,000s when we opened the second lab in 2023,” Loftis said. “There are roughly 16,700 cases from the backlog testing that are in progress right now.”

Loftis said the lab’s average turnaround time is currently about 10 months for alcohol-only cases and about 20 months for cases involving multiple substances.

The lab processes cases on a first-come, first-served basis, although prosecutors can request priority testing in cases where timing is critical, including concerns tied to statutes of limitations.

“If the prosecuting attorney’s office asks us for priority testing, then we could put something at the front of the line,” Loftis said. “If you do need this for any reason immediately, then you need to let us know.”

Loftis said there is a wide variety of evidence that comes into the crime labs as part of the evidence chain. It could be as small as a shell casing in a firearms case or as large as a semi-truck in a narcotics intervention case, and they all impact the backlog.

Delays can complicate court scheduling and case management. Speedy-trial rules apply once charges are filed, and extended waits for toxicology results can pressure prosecutors to either move forward with limited evidence or dismiss cases without prejudice.

State officials have taken steps to expand capacity, including opening a newer toxicology facility in 2023 and authorizing 12 new positions. Loftis said two of those positions remain unfilled.

Loftis said newer hires can contribute in limited ways immediately but generally require 18 to 20 months of training before they can independently handle a case from intake through court proceedings.

“The new lab helped us right away, but that movement has increased the demand,” Loftis said. “We got the space, we got the equipment, but the reality is it takes time to build fully trained staff.”

2024 bill didn’t advance

Lawmakers attempted to address the backlog during the 2024 legislative session. Reps. Andrew Barkis, R-Olympia, and David Hackney, D-Renton, introduced House Bill 1228, which would have allowed accredited private laboratories to analyze blood samples.

The bill did not advance, leaving the existing testing structure in place.

On Dec. 12, Sen. Keith Wagoner, R-Sedro-Woolley, reintroduced the proposal as Senate Bill 5880.

Loftis said private labs could offer short-term relief but raised concerns about legal standards and statutory requirements that currently limit certain types of testing to the State Patrol.

“There are discussions about using private labs, but there are some statutes that only the State Patrol can handle,” Loftis said. “If you increase the number of labs and lab entities, then you need to create a new standard agreed upon by the courts.”

Gasperino agreed that funding more State Patrol employees will be the best solution to the backlog.

“One of the problems we run into with these outsourced labs is the cost that comes along with them. We as a prosecutor’s office have to pay those labs to come testify,” Gasperino said. “And it’s not some small fee, either. Of course, we are going to pay them, but they do charge very high amounts to come out and testify in court.”

Gasperino said that regardless of how they get there, his office intends to make sure victims see justice.

“I understand the issue at hand, and rest assured that justice delayed will not be justice denied,” Gasperino said. “Even if we never get the results in one charge, we will still pursue the case. That’s some reassurance I’d like to give the victims and families.”

According to data from the Washington Traffic Safety Commission, 731 people died in traffic crashes statewide last year, down from 809 the year before. Nearly half of those deaths involved impaired driving. The State Patrol has made 10,630 DUI arrests so far this year, according to its website.

Candace Reid with the Pacific Northwest branch of Mothers Against Drunk Driving said that MADD announced a partnership with AAA on Tuesday to change legislation regarding blood-alcohol content and toxicology levels from 0.08 to 0.05. The partnership has been in the works for almost two years and started around the same time as the opening of the second toxicology lab for the state.

“We had a severe increase in deaths on our roads in 2023, and that really prompted us to get a program opened,” Reid said. “This speaks to the mixture of substances, and alcohol consumption in general. With the data we have been collecting from courtrooms, we have been seeing a lot of poly-use offenders on the rise, and unfortunately, the outcome of those cases is dependent on the delay of results from the toxicology labs.”

Until turnaround times improve, counties across Washington — including Clark County — remain subject to the statewide backlog. Prosecutors often wait for toxicology results before filing DUI charges when blood evidence is central to proving impairment, leaving cases unresolved for months or longer.

Loftis said the State Patrol’s long-term goal is to complete toxicology testing within 45 to 60 days, though reaching that target depends on hiring and training additional forensic scientists.

“We can’t say we were right 99.9 percent of the time,” Loftis said. “We need to be right 100 percent of the time.”