Washington State Good Samaritan Law: Are You Immune from Drug Possession Arrests During an Overdose?
Under the Washington State Good Samaritan Law, if you call 911 to report a drug overdose, you are generally immune from being charged with drug possession. However, this immunity has strict limits and does not protect you from outstanding warrants or drug distribution charges.
Drug overdoses are medical emergencies where seconds matter. Tragically, many people hesitate to call 911 when someone is overdosing because they fear the police will arrive and arrest everyone in the room for drug possession. To prevent these preventable deaths, Washington State enacted a Good Samaritan Law designed to encourage people to seek immediate medical help without the looming threat of prosecution. While this law provides vital legal protection, it is crucial to understand exactly who is covered and where the legal immunity ends.
How the Good Samaritan Law Protects You
Whether the emergency occurs in a private home in Olympia or on a street corner in Vancouver, knowing your rights can quite literally save a life and keep you out of jail. The protections provided under state statutes are robust, but they come with specific boundaries.
Who Exactly is Protected?
Under Wash. Rev. Code § 69.50.315, the Good Samaritan immunity applies to two distinct groups of people: the individual who is actively experiencing the overdose and the person acting in good faith who calls 911 or seeks medical assistance. If you call for help, remain on the scene, and cooperate with emergency responders, you cannot be charged with simple drug possession or underage drinking based on evidence found directly as a result of that medical call.
Exceptions for Outstanding Warrants
It is incredibly important to note that the Good Samaritan Law is not a get-out-of-jail-free card for all offenses. The immunity only applies to drug possession charges arising from that specific incident. If police arrive, run your ID, and discover that you have an outstanding bench warrant for failing to appear in court, or a warrant for an unrelated crime like theft, they will still arrest you. The law does not erase prior legal obligations or active warrants.
Limits Regarding Distribution Charges (Does it cover dealers?)
The most critical limitation of the Good Samaritan Law is that it only protects against simple possession. It does not provide immunity for drug distribution, manufacturing, or Possession with Intent to Deliver. If the police arrive to treat an overdose and observe evidence of a commercial drug operation-such as large digital scales, stacks of cash, ledgers, or individually packaged baggies of narcotics-you can still be charged under Wash. Rev. Code § 69.50.401. The law is designed to protect users seeking help, not to shield drug dealers from prosecution.
What to Do if Police Arrest You Anyway
Sometimes, responding officers make mistakes or misunderstand the limits of the Good Samaritan Law, leading to an unlawful arrest for simple possession. If this happens, you should remain silent and request an attorney immediately. Your lawyer can file a motion to dismiss under Superior Court Criminal Rule CrR 8.3(b) in the Thurston County Superior Court, Olympia or the Clark County Superior Court, Vancouver. They will argue that the arrest directly violated the statutory immunity. Case law, such as the principles discussed in State v. Michielli, 132 Wash. 2d 229 (WA Supreme Court 1997) regarding statutory interpretation and legislative intent, often forces prosecutors to drop charges when the Good Samaritan protections are clearly applicable.
Costs of Fighting a Wrongful Charge
If you are wrongfully arrested despite qualifying for Good Samaritan immunity, you may still face initial legal and bonding costs before the case can be dismissed.
| Bail or Bond Premium | Varies, usually 10% of the set bail |
| Attorney Retainer for Pre-Trial Dismissal | $2,500 to $5,000 |
| Court Filing Fees (Motion to Dismiss) | Included in attorney fees |
| Jail Booking Fees | May be non-refundable depending on county |
Timelines for Dismissal
If you were arrested in violation of the Good Samaritan Law, your attorney will move quickly. A motion to dismiss based on statutory immunity can often be filed within the first 30 to 45 days after your arraignment. If the prosecutor reviews the police report and sees that you were the 911 caller acting in good faith, they may voluntarily dismiss the charges before the motion even reaches a judge, resolving the issue in just a few weeks.
Frequently Asked Questions (FAQ)
Do I have to stay at the scene to get immunity?
While the statute emphasizes seeking assistance, staying at the scene and cooperating with EMTs and law enforcement strongly establishes your good faith action, which is required to claim the immunity.
What if I have probation violations?
The law does not automatically protect you from probation or parole violations. Your probation officer may still file a violation based on the police contact or the presence of drugs, even if the prosecutor cannot file new criminal possession charges.
Does this law apply to alcohol overdoses?
Yes. The Good Samaritan Law in Washington also provides immunity from Minor in Possession (MIP) of alcohol charges if a person under 21 calls 911 to get medical help for someone experiencing alcohol poisoning.
Will the police still confiscate the drugs?
Yes. The immunity only protects you from being criminally charged with possession. Law enforcement will still seize and destroy any illegal drugs or paraphernalia they find at the scene.
If you stepped up to save a life and were unjustly arrested for drug possession, the law is on your side. Do not let an unlawful charge ruin your record. Look through our directory to hire an experienced Washington criminal defense attorney who can aggressively assert your Good Samaritan rights and demand a case dismissal.
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