Oregon DUII Blood Draws: What You Need to Know About House Bill 2473 and Your Rights

If you’ve been arrested for a DUII (Driving Under the Influence of Intoxicants) in Oregon, you may already know that chemical testing — including blood draws — can play a major role in your case. With the passage of HB 2473 (2025), blood draws will be even more common.

Here’s what you need to know about Oregon DUII blood draws, House Bill 2473, and how recent court decisions like State v. Shevyakov have changed DUII investigations.

How Are DUII Blood Draws Authorized in Oregon?

Under ORS 813.160, Oregon law authorizes police to use chemical analysis — including breath, blood, and urine tests — to determine a driver’s blood alcohol content (BAC) or presence of drugs. Until now, blood draws usually happened at a hospital or medical facility, performed by a nurse or doctor.

However, this system sometimes causes delays over multiple hours, particularly when officers need a warrant after a driver refused breath testing or invoked constitutional rights. In our experience, it can take four to five hours for an officer to get a blood draw warrant, take a suspect to the hospital, and collect a blood sample.

How State v. Shevyakov Changed DUII Blood Draw Procedures

In 2021, the Oregon Court of Appeals decided State v. Shevyakov, a case that has led to more blood draws in DUII investigations. The court ruled that when a driver asserts constitutional rights — like the right to remain silent or the right to a lawyer — police cannot ask the person to participate in Standardized Field Sobriety Tests (SFSTs), nor can they ask a person to participate in a breath test.

As a result, more DUII cases involve blood draws supported by a valid search warrant. Blood draws have become even more critical pieces of evidence in DUII prosecutions.

Oregon House Bill 2473 (2025): Certified Phlebotomists Can Conduct DUII Blood Draws

Recognizing the increased demand for timely blood draws, the Oregon Legislature passed House Bill 2473 (2025). This bill allows certified phlebotomists to conduct DUII blood draws, not just hospital staff or EMTs, starting on January 1, 2026.

Certified phlebotomists are specially trained to draw blood safely and accurately. Under the new law, Oregon police agencies can work with these professionals to perform blood draws quickly, either at a police station or other approved location.

This change aims to:

1. Speed up DUII investigations
2. Reduce the burden on hospital emergency rooms
3. Provide a “more accurate” BAC than a breath sample

Certified Phlebotomist Police Officers: What Are “Phlebotocops”?

We also expect that some Oregon law enforcement officers will now become certified phlebotomists with the passage of this bill. Oregon is not the first state to use certified phlebotomists in DUII cases. Other states like Arizona, Utah, and Washington have created “phlebotocop” programs, where specially trained police officers or contracted phlebotomists perform DUII blood draws.

These programs have helped law enforcement collect blood samples more efficiently; however, they also raise significant legal questions regarding training and the proper procedure for drawing blood samples. Unlike other phlebotomists, such as those with the Red Cross who draw blood daily, these officers may not have regular practice. They may make errors that can affect the sample and increase the actual alcohol content of the blood through fermentation or contamination. That is why the Oregon Criminal Defense Lawyers Association’s legislative representative advocated for the bill to require that “phlebotocops” keep their body camera videos on during a blood draw.

How Our Oregon DUII Attorneys Can Help

If you are facing DUII charges and had your blood drawn, you need an experienced attorney who understands:

• Whether your blood draw was legal
• If the search warrant was obtained correctly
• If the phlebotomist followed correct procedures when taking the blood sample
• If the blood sample was stored correctly before testing
• Whether the blood sample was tested correctly at the crime lab, and
• Whether the blood sample results are admissible in court

One of our attorneys, Marcus Gunn, attended the National College of DUI Defense Serious Science Seminar on blood alcohol testing in August 2025, in part due to this bill and the increasing frequency of blood draw DUII investigations. We know how to challenge DUII blood evidence and protect your constitutional rights. Every step in the blood draw process matters, and mistakes by police or phlebotomists can make a major difference in your case.

Don’t face DUII charges alone. Contact us today for a free consultation, and let’s talk about your options.

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