DUI Laws in Washington (DUI)
Washington uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 7 years (for misdemeanor enhancement); 10 years (for felony DUI threshold. 4th offense within 10 years. Below are the full details of Washington's DUI laws and penalties.
Last updated:
Overview
Washington State imposes significant mandatory minimum penalties for DUI offenses that escalate rapidly with higher BAC levels and prior convictions. The state uses a 7-year lookback period for prior offenses and made a fourth DUI within 10 years a Class B felony (punishable by up to 10 years in prison) through legislation strengthened in recent years. Washington has a dual-track system: criminal DUI charges in court and a separate administrative license suspension through the Department of Licensing (DOL). The state also distinguishes between DUI (under the influence) and Physical Control (being in physical control of a vehicle while impaired, even if not driving), both carrying similar penalties.
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.15% |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Gross Misdemeanor | Mandatory minimum 1 day (24 consecutive hours); up to 364 days. If BAC ≥ 0.15%: mandatory minimum 2 days. If refused test: mandatory minimum 2 days. | $990.50 minimum; up to $5,000. If BAC ≥ 0.15%: $1,245.50 minimum. | 90 days (administrative through DOL); 1 year if test refusal | Required for 1 year (IID restriction on license); may apply for IID license immediately |
| 2nd Offense | Gross Misdemeanor | Mandatory minimum 30 days; up to 364 days. If BAC ≥ 0.15%: mandatory minimum 45 days. If refused test: mandatory minimum 45 days. | $1,245.50 minimum; up to $5,000. If BAC ≥ 0.15%: $1,745.50 minimum. | 2 years (administrative through DOL); 3 years if test refusal | Required for 5 years following license reinstatement |
| 3rd Offense | Gross Misdemeanor | Mandatory minimum 90 days; up to 364 days. If BAC ≥ 0.15%: mandatory minimum 120 days. If refused test: mandatory minimum 120 days. | $2,145.50 minimum; up to $5,000. If BAC ≥ 0.15%: $2,645.50 minimum. | 3 years (administrative through DOL); 4 years if test refusal | Required for 10 years following license reinstatement |
| Felony | Class B Felony (Felony DUI under RCW 46.61.502(6)) | Up to 10 years in state prison; sentencing guidelines typically range 13-43 months for standard range | Up to $20,000 | Mandatory revocation; reinstatement at DOL discretion after minimum period | Required for 10 years upon any future license reinstatement |
Felony threshold: 4th offense within 10 years, OR prior vehicular homicide/assault conviction. Lookback period: 7 years (for misdemeanor enhancement); 10 years (for felony DUI threshold — 4th within 10 years).
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | 15 days of electronic home monitoring (EHM) may substitute for jail beyond mandatory minimum; community service commonly ordered | Up to 5 years supervised or unsupervised probation | Mandatory alcohol/drug assessment; completion of recommended treatment program required |
| 2nd Offense | 90 days of EHM may substitute for jail beyond mandatory minimum | Up to 5 years supervised probation | Mandatory intensive outpatient substance abuse treatment program |
| 3rd Offense | 120 days of EHM may substitute for jail beyond mandatory minimum | Up to 5 years supervised probation with intensive monitoring | Mandatory intensive substance abuse treatment; residential treatment may be required |
| Felony | As ordered by the court | Up to 10 years community custody (supervised release) | Court-ordered intensive substance abuse treatment program; may include residential treatment |
Implied Consent Law
Under RCW 46.20.308, any person who operates a motor vehicle in Washington is deemed to have given consent to a breath or blood test when arrested for DUI. The officer must advise the driver that refusal will result in license revocation and that the refusal may be used as evidence in court. Washington law also permits mandatory blood draws under warrant for DUI investigations.
Refusal penalties: First refusal: 1-year license revocation. Second refusal (or refusal with prior DUI): 2-year revocation. Third or subsequent refusal: 3-year revocation. Enhanced mandatory minimum jail time applies if convicted of DUI after refusal: 2 days minimum for first offense (instead of 1 day), 45 days for second, 120 days for third. Refusal is admissible as evidence at trial.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% or higher | Enhanced mandatory minimum jail time and fines for each offense level; longer IID requirement |
| Refusing chemical test | Enhanced mandatory minimum jail sentences; longer license revocation; admissible as evidence |
| Passenger under 16 in the vehicle | Additional charge possible; enhanced penalties at sentencing; Department of Children services may be notified |
| Excessive speed (20+ mph over limit) while DUI | Additional charges; enhanced penalties at sentencing; may affect plea negotiations |
| DUI causing injury (Vehicular Assault) | Class B felony — up to 10 years in prison and $20,000 fine |
| DUI causing death (Vehicular Homicide) | Class A felony — up to life in prison and $50,000 fine |
DUI with Injury
Classification: Vehicular Assault — Class B Felony; Vehicular Homicide — Class A Felony
Vehicular Assault (RCW 46.61.522): Class B felony, up to 10 years in prison, up to $20,000 fine, mandatory license revocation, and restitution. Vehicular Homicide (RCW 46.61.520): Class A felony, up to life in prison, up to $50,000 fine, mandatory license revocation, and restitution. Sentencing guidelines ranges vary based on offender score and circumstances.
Underage DUI
Drivers under 21 with BAC of 0.02% to 0.08% face a Minor DUI violation: 90-day license suspension for first offense, 1-year suspension for second offense or refusal. If the minor's BAC is 0.08% or higher, they face standard adult DUI charges and penalties. All underage offenders must complete an alcohol/drug assessment and comply with treatment recommendations. The violation goes on the minor's driving record.
Diversion Programs
Program: Deferred Prosecution (RCW 10.05)
Washington offers a unique Deferred Prosecution program specifically designed for DUI offenders with alcohol or drug dependency. The offender petitions the court to defer prosecution for 5 years while completing an intensive 2-year treatment program. If all conditions are met, the charges are dismissed after 5 years. This program is highly structured and requires a commitment to sustained sobriety.
Eligibility: Available once in a lifetime. The offender must be diagnosed with alcohol/drug dependency by an approved treatment provider. The offender must petition the court and present a treatment plan approved by an approved treatment facility. The defendant must stipulate to the facts of the case sufficient for a conviction. Not available to commercial driver's license holders at the time of offense. If the offender fails to comply with treatment, the stipulated facts lead to automatic conviction.
How Long a DUI Stays on Your Record
A DUI conviction remains on your Washington criminal record permanently and on your driving record for life. Washington uses a 7-year lookback for misdemeanor sentencing enhancement and a 10-year lookback for felony DUI determination. A deferred prosecution that is successfully completed results in dismissal and the arrest record can be vacated. A DUI conviction may be eligible for vacation from criminal record after certain waiting periods.
Key Statutes
- RCW 46.61.502
- Driving under the influence — primary DUI statute defining the offense and penalties
- RCW 46.61.504
- Physical control of vehicle under the influence — impaired while in physical control
- RCW 46.20.308
- Implied consent — breath/blood testing requirements and refusal penalties
- RCW 46.61.520
- Vehicular homicide — DUI causing death
- RCW 46.61.522
- Vehicular assault — DUI causing substantial bodily harm
- RCW 10.05
- Deferred prosecution — statutory framework for DUI treatment alternative
Frequently Asked Questions
What is the penalty for a first DUI in Washington State?
When does a DUI become a felony in Washington?
How long does a DUI stay on your record in Washington?
What is deferred prosecution for DUI in Washington?
What happens if you refuse a breathalyzer in Washington?
Can I get an ignition interlock license in Washington?
What is the difference between DUI and Physical Control in Washington?
How much does a DUI cost in Washington State?
Related Guide
DUI license recovery in Washington→Step-by-step guide to getting your license back after a DUI in Washington — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Washington DOL — DUI Information
Washington Department of Licensing — DUI-related license actions, IID requirements, and hearings.
- Washington DUI Statutes — Official Code
Full text of RCW 46.61.502 — Washington's primary DUI statute.
- Washington State Courts — Deferred Prosecution
Washington State Courts — information on deferred prosecution programs and court procedures.
- Northwest Justice Project — Free Legal Aid
Free civil legal aid for low-income Washington residents, including help with driver's license issues.
Related Resources on This Site
More for your state
- HousingSecond chance apartments in Seattle, WA
- ExpungementWashington expungement guide
- Voting RightsFelon voting rights in Washington
- Gun RightsFelon gun rights in Washington
- DUI RecoveryDUI license recovery in Washington
- ProbationProbation & parole in Washington
- SR22 InsuranceSR22 insurance in Washington
- License ReinstatementLicense reinstatement in Washington
Helpful guides
- HealthFree mental health services
- ProbationAnkle monitor rules & requirements
- TransportationDUI vs. DWI vs. OWI — what's the difference?
- Background ChecksHow to check your own record