New Law Aims to Clear Washington's DUI Testing Backlog

Thousands of impaired driving cases await testing, leaving potentially dangerous drivers on the road.

Mar. 19, 2026 at 6:22pm

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Washington state has passed a new law allowing accredited private labs to conduct drug and alcohol tests for impaired driving cases, in an effort to clear a growing backlog at the state's toxicology lab. Prosecutors say the delays are leaving potentially impaired drivers on the road while they await results, sometimes for over a year. The new law is seen as a temporary solution as the state works to boost resources and staffing at the state lab.

Why it matters

The DUI testing backlog in Washington has become a major public safety concern, with thousands of cases waiting months for results and the statute of limitations on charges expiring. This new law is an attempt to alleviate the pressure on the state lab and get results back to prosecutors more quickly, though some local officials have raised concerns about the costs of using private labs.

The details

The new law signed by Governor Bob Ferguson will allow accredited private labs to conduct drug and alcohol tests for impaired driving cases in Washington. This is seen as a temporary solution to clear the growing backlog at the state toxicology lab, which had over 16,700 cases awaiting testing at the end of 2025 with waits of at least 10 months. In Seattle, the average wait time for results is 22 months. The state has allocated $3 million to hire more staff and upgrade equipment at the state lab, but officials warn continued investment will be necessary to maintain progress on the backlog.

  • At the end of 2025, there were roughly 16,700 impaired driving cases awaiting testing in Washington.
  • In 2024, the last year for which data is available, nearly half of the 737 traffic deaths in Washington involved an impaired driver.
  • In January 2024, a driver in Mason County was believed to be high on drugs, but the blood test results were still not available a year later when the same driver was involved in a fatal crash.

The players

Bob Ferguson

The Governor of Washington who signed the new law allowing private labs to conduct DUI testing.

Erika Evans

The Seattle City Attorney who told lawmakers last month that the average wait time for DUI test results in Seattle is 22 months.

Chris Loftis

A spokesperson for the Washington State Patrol who noted the agency is making progress on chipping away at the DUI testing backlog as more scientists complete their training.

Dan Griffey

A Republican state representative who cited a case in Mason County as an example of the need to speed up DUI testing, saying "Justice delayed is justice denied, and when it comes to impaired driving, delays can cost lives."

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What they’re saying

“This solution provides relief while we work to improve long-term resources at the state toxicology lab.”

— Bob Ferguson, Governor

“Justice delayed is justice denied, and when it comes to impaired driving, delays can cost lives.”

— Dan Griffey, State Representative

What’s next

The judge in the case will decide on Tuesday whether or not to allow the use of private labs for DUI testing.

The takeaway

This new law is a temporary fix to a growing public safety issue in Washington, as the state works to address the backlog of DUI cases and ensure impaired drivers are taken off the roads in a timely manner. However, continued investment in the state's toxicology lab will be crucial to maintaining progress and preventing future backlogs.