WA HB1228

Expands who can perform valid blood and breath analysis for DUI cases to include laboratories certified or accredited under the ISO/IEC 17025 standard for forensic toxicology testing, in addition to individuals with state toxicologist permits

Permits out-of-state laboratories to conduct toxicology analysis if they allow pretrial interviews of expert witnesses by defense counsel and permit virtual trial testimony when requested by prosecutors with defense consent

Maintains existing evidentiary thresholds: alcohol concentration below 0.08 or THC concentration below 5.00 nanograms per milliliter may be considered as evidence of impairment alongside other competent evidence

Requires the Washington State Patrol to submit a report to the legislature by October 1, 2031 on implementation status, including updates on the toxicology testing case backlog and recommendations for further policy changes

Report requirement expires January 1, 2032