A Complete Guide to Washington's DUI Laws: From First Offense to Felony Charges

June 21, 2025

A Complete Guide to Washington's DUI Laws: From First Offense to Felony Charges

Introduction

Washington State has some of the most stringent "Driving Under the Influence" (DUI) laws in the United States, with severe and escalating penalties for convictions. The state takes an aggressive approach to deter impaired driving through mandatory minimum jail sentences, substantial fines, lengthy license suspensions, and a strong emphasis on alcohol and drug treatment programs and Ignition Interlock Devices (IIDs). DUI convictions in Washington result in a permanent criminal record.

The General Framework of Washington State DUI Laws

In Washington, a person commits a DUI offense if they drive, are in actual physical control of, or are "operating" a motor vehicle while:

"Per Se" DUI (BAC $0.08%$ or more): Having a Blood Alcohol Concentration (BAC) of $0.08%$ or more within two hours after driving. This is a strict liability offense; no additional proof of impairment is required.
Impaired DUI: Under the influence of or affected by intoxicating liquor, any drug, or a combination of liquor and any drug to a degree that renders the person incapable of safely driving a motor vehicle. This applies even if BAC is below $0.08%$ if impairment is evident.
Presence of THC: Having a THC concentration of 5.00 nanograms per milliliter of blood or higher, within two hours after driving.
Presence of Other Drugs: Under the influence of or affected by any drug (including prescription or over-the-counter medications) that renders the person incapable of safely driving.

Actual Physical Control (APC): You can be charged with DUI even if you are not actively driving but are in "actual physical control" of a vehicle (e.g., asleep in the driver's seat with keys in the ignition or vehicle running, even if safely pulled off the roadway, unless it can be proven the vehicle was safely off the roadway and there was no intent to resume driving).

Special BAC Limits:

Commercial Drivers: A BAC of $0.04%$ or more while operating a commercial vehicle.
Drivers Under 21 (Zero Tolerance Law): A BAC of $0.02%$ or more, or any detectable amount of THC.

Implied Consent Law and Administrative License Suspension (ALS)

Washington has an implied consent law (RCW 46.20.308). By operating a motor vehicle in the state, you are deemed to have consented to a chemical test (breath or blood) to determine the alcohol or drug content in your system if lawfully arrested for DUI.

Refusal to Test: Refusing to submit to a chemical test after a lawful DUI arrest triggers automatic administrative license suspension/revocation by the Washington Department of Licensing (DOL), separate from any criminal conviction for DUI. The fact of your refusal can also be used as evidence against you in court.

First refusal: 1-year license revocation.
Second or subsequent refusal (within 7 years of a prior refusal or DUI conviction): 2-year license revocation.

You have only 7 days from the date of your arrest to request an administrative hearing with the DOL to contest this suspension. If you do not request a hearing or if the suspension is upheld, your license will be suspended. During this administrative suspension, you may be eligible for a Restricted Driver's License (Ignition Interlock License - IIL) which allows limited driving, but always requires an IID.

Washington State DUI Statistics

Impaired driving remains a significant public safety issue in Washington State.

In 2023, alcohol was involved in 34% of fatal crashes in Washington.
There were 293 alcohol-related fatalities in Washington in 2023, a 6.9% increase from 2022.
A concerning trend is the rise in fatal accidents involving drunk drivers, prompting legislative discussions about lowering the BAC limit from $0.08%$ to $0.05%$ .
There's also a rising concern about drug-impaired driving, with a significant increase in positive cannabis test results in fatal crashes.

Penalties for DUI in Washington

Washington uses a 7-year "look-back" period to determine if a DUI offense is a repeat offense for enhanced penalties. This means any prior DUI conviction within the past 7 years will count towards classifying a subsequent offense. For a fourth or subsequent DUI within 10 years, it can be charged as a felony. DUI convictions in Washington are permanent on your criminal record and generally cannot be expunged.

Alcohol and Drug Assessment & Treatment: All DUI offenders are required to undergo a mandatory alcohol and drug assessment by a state-approved agency. Based on this assessment, the court will mandate participation in a state-approved treatment program or education course. Completion is crucial for license reinstatement.

Ignition Interlock Device (IID): IIDs are mandatory for all DUI convictions in Washington. They must be installed at the offender's expense. The duration of the IID requirement depends on the number of prior offenses and BAC level. Washington requires IIDs to be equipped with a camera.

Electronic Home Monitoring (EHM): Often used as an alternative to, or in conjunction with, jail time, particularly for first and second offenses.

First Offense DUI (Gross Misdemeanor)

Jail Time:
- BAC below $0.15%$ or no test result: Mandatory minimum 24 consecutive hours jail OR 15 days Electronic Home Monitoring (EHM). Maximum 364 days.
- BAC $0.15%$ or higher OR test refusal: Mandatory minimum 48 consecutive hours jail OR 30 days EHM. Maximum 364 days.
Fines:
- BAC below $0.15%$ or no test result: Mandatory minimum $990.50 (including statutory assessments), up to $5,000.
- BAC $0.15%$ or higher OR test refusal: Mandatory minimum $1,245.50 (including statutory assessments), up to $5,000.
License Suspension/Revocation:
- BAC below $0.15%$ : 90-day suspension.
- BAC $0.15%$ or higher: 1-year revocation.
- Test refusal: 2-year revocation.
- An IIL (Ignition Interlock License) is generally available during this period, requiring IID installation.
IID: Mandatory for 1 year after license reinstatement, or longer depending on DOL determination (can be 1, 5, or 10 years).
Alcohol/Drug Assessment & Treatment: Mandatory.
Probation: Up to 5 years of probation with standard DUI conditions.

Second Offense DUI (within 7 years - Gross Misdemeanor)

Jail Time:
- BAC below $0.15%$ or no test result: Mandatory minimum 30 consecutive days jail + 60 days EHM. Maximum 364 days.
- BAC $0.15%$ or higher OR test refusal: Mandatory minimum 45 consecutive days jail + 90 days EHM. Maximum 364 days.
Fines:
- BAC below $0.15%$ or no test result: Mandatory minimum $1,245.50, up to $5,000.
- BAC $0.15%$ or higher OR test refusal: Mandatory minimum $1,670.50, up to $5,000.
License Revocation:
- BAC below $0.15%$ : 2-year revocation.
- BAC $0.15%$ or higher: 900-day (2.5 years) revocation.
- Test refusal: 3-year revocation.
IID: Mandatory for 5 years.
Alcohol/Drug Assessment & Treatment: Mandatory, often more intensive.
Probation: Up to 5 years.

Third Offense DUI (within 7 years - Gross Misdemeanor)

Jail Time:
- BAC below $0.15%$ or no test result: Mandatory minimum 90 consecutive days jail + 120 days EHM. Maximum 364 days.
- BAC $0.15%$ or higher OR test refusal: Mandatory minimum 120 consecutive days jail + 150 days EHM. Maximum 364 days.
Fines:
- BAC below $0.15%$ or no test result: Mandatory minimum $2,095.50, up to $5,000.
- BAC $0.15%$ or higher OR test refusal: Mandatory minimum $2,945.50, up to $5,000.
License Revocation:
- BAC below $0.15%$ : 3-year revocation.
- BAC $0.15%$ or higher or test refusal: 4-year revocation.
IID: Mandatory for 10 years.
Alcohol/Drug Assessment & Treatment: Mandatory, typically comprehensive.
Probation: Up to 5 years.

Fourth or Subsequent Offense DUI (within 10 years - Class B or C Felony)

Prison Time: Up to 5 years (Class C Felony) or up to 10 years (Class B Felony), depending on specific circumstances and prior history.
Fines: Up to $10,000 or $20,000.
License Revocation: 4 years to permanent.
IID: Mandatory for 10 years or longer.
Alcohol/Drug Assessment & Treatment: Mandatory.
Felony Criminal Record: Permanent, leading to loss of civil rights (e.g., voting, firearm ownership).

Other Significant Penalties:

DUI with Child Passenger (Under 16): Additional mandatory jail time and fines.
Vehicular Assault (Causing Serious Bodily Injury - Class B Felony): Up to 10 years in prison, up to $20,000 fine, and significant license sanctions.
Vehicular Homicide (Causing Death - Class A Felony): Life imprisonment, up to $50,000 fine, and permanent license revocation.
Driving While Suspended/Revoked for DUI: Separate criminal offense with its own penalties, including mandatory jail time and further license suspension.
SR-22 Filing: Required for a period (typically three years) after conviction, indicating high-risk insurance and leading to significantly higher premiums.
Collateral Consequences: Beyond legal penalties, a DUI conviction can severely impact employment opportunities (especially for commercial drivers or those requiring security clearances), professional licenses, and international travel (e.g., entry into Canada).

Conclusion

Washington State's DUI laws are among the most punitive in the nation, characterized by their mandatory minimum jail sentences, significant fines, extensive license revocations, and pervasive use of IIDs and alcohol/drug treatment. The 7-year look-back period ensures that repeat offenders face increasingly severe consequences, culminating in felony charges. The permanent nature of DUI convictions on a criminal record and the immediate administrative penalties for implied consent violations or test failures underscore the state's uncompromising stance on impaired driving. For anyone facing a DUI charge in Washington, understanding these strict regulations is crucial. Immediate consultation with an experienced Washington DUI defense attorney is strongly advised to navigate the complex legal system, protect your rights, and work towards the best possible outcome.

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