DUI Laws in Washington

This article provides a comprehensive overview of DUI laws in Washington, including statutory references, penalties, and legal processes.

Driving under the influence (DUI) is a serious offense in Washington State. Understanding the laws, penalties, and procedures associated with DUI can help individuals navigate the legal system more effectively. This article provides a comprehensive overview of DUI laws in Washington, including statutory references, penalties, and legal processes.

Overview of DUI Laws in Washington

Definition of DUI

In Washington State, DUI is defined under the Revised Code of Washington (RCW) 46.61.502. According to this statute, a person is guilty of DUI if they drive a vehicle within the state while:

  • Having a blood alcohol concentration (BAC) of 0.08% or higher within two hours of driving.
  • Being under the influence of or affected by intoxicating liquor, marijuana, or any drug.
  • Being under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.

Source: RCW 46.61.502

Washington State enforces strict BAC limits for different categories of drivers:

  • Adults (21 and over): 0.08% BAC
  • Commercial drivers: 0.04% BAC
  • Drivers under 21: 0.02% BAC

Washington's implied consent law, outlined in RCW 46.20.308, states that by operating a vehicle, drivers automatically consent to breath or blood tests if lawfully arrested for DUI. Refusal to submit to these tests can result in license suspension and other penalties.

Source: RCW 46.20.308

Penalties for DUI in Washington

First Offense

A first-time DUI offense in Washington carries significant penalties, including:

  • Jail Time: 1 to 364 days
  • Fines: $350 to $5,000
  • License Suspension: 90 days to 1 year
  • Ignition Interlock Device (IID): Required for at least 1 year

Second Offense

Penalties increase substantially for a second DUI offense:

  • Jail Time: 30 to 364 days
  • Fines: $500 to $5,000
  • License Suspension: 2 years
  • IID: Required for at least 5 years

Third Offense

A third DUI offense results in even harsher penalties:

  • Jail Time: 90 to 364 days
  • Fines: $1,000 to $5,000
  • License Suspension: 3 years
  • IID: Required for at least 10 years

Aggravating Factors

Certain factors can lead to enhanced penalties, including:

  • Having a BAC of 0.15% or higher
  • Refusing a chemical test
  • Having a minor in the vehicle
  • Causing an accident resulting in injury or death

Arrest and Booking

When a driver is suspected of DUI, they are typically arrested and taken to a police station for booking. This process includes fingerprinting, photographing, and recording personal information.


The arraignment is the first court appearance where the defendant is formally charged with DUI. The judge will inform the defendant of their rights and the charges against them. The defendant will enter a plea of guilty, not guilty, or no contest.

Pre-Trial Motions and Hearings

Before the trial, both the defense and prosecution may file pre-trial motions. These motions can address various issues, such as the admissibility of evidence or the legality of the arrest.


If the case goes to trial, both sides will present their evidence and arguments. The prosecution must prove beyond a reasonable doubt that the defendant was driving under the influence. The defense can challenge the evidence and present alternative explanations.


If the defendant is found guilty, the judge will impose a sentence based on the severity of the offense and any aggravating factors. Sentencing may include jail time, fines, license suspension, and mandatory participation in alcohol or drug education programs.

Administrative Penalties

License Suspension

The Washington State Department of Licensing (DOL) has the authority to suspend a driver's license independently of the criminal court process. Administrative license suspension can occur if:

  • The driver fails a breath or blood test.
  • The driver refuses to take a breath or blood test.

Ignition Interlock Device (IID)

An IID is a breathalyzer device installed in a vehicle that prevents it from starting if the driver's BAC exceeds a preset limit. Washington law requires IID installation for certain DUI offenders, with the duration varying based on the number of offenses. The ignition interlock driver license allows individuals to drive vehicles equipped with an IID.

Alcohol and Drug Education Programs

Offenders may be required to complete alcohol and drug education programs as part of their sentence. These programs aim to educate individuals about the dangers of impaired driving and promote behavior change.

Challenging the Traffic Stop

One common defense is to challenge the legality of the traffic stop. If the officer did not have reasonable suspicion to stop the vehicle, any evidence obtained during the stop may be inadmissible.

Questioning the Accuracy of BAC Tests

The accuracy of breath and blood tests can be challenged based on factors such as:

  • Improper calibration of testing equipment
  • Contamination of samples
  • Medical conditions affecting BAC levels

Contesting Field Sobriety Tests

Field sobriety tests (FSTs) are subjective and can be influenced by various factors, including:

  • Physical disabilities
  • Weather conditions
  • Nervousness or anxiety

Proving Lack of Impairment

The defense may present evidence to show that the defendant was not impaired at the time of driving. This can include witness testimony, video footage, or expert analysis.

Impact of DUI Convictions

Employment Consequences

A DUI conviction can have serious implications for employment, particularly for jobs requiring a clean driving record or professional licenses. Employers may view a DUI as a sign of irresponsibility or risk.

Insurance Rates

Insurance companies often increase premiums for drivers with DUI convictions. Some insurers may even cancel policies altogether, making it difficult for offenders to obtain affordable coverage.

Personal and Social Consequences

A DUI conviction can strain personal relationships and lead to social stigma. Offenders may face judgment from family, friends, and the community, affecting their reputation and mental well-being.

Recent Changes to DUI Laws in Washington

Legislative Updates

Washington State periodically updates its DUI laws to address emerging issues and enhance public safety. Recent changes include:

  • Increased Penalties for Repeat Offenders: Lawmakers have introduced stricter penalties for individuals with multiple DUI convictions.
  • Expanded Use of Ignition Interlock Devices: The state has expanded the use of IIDs to reduce repeat offenses.
  • Enhanced Focus on Drug-Impaired Driving: With the legalization of marijuana, there has been a greater emphasis on addressing drug-impaired driving.

The legalization of marijuana in Washington has led to an increase in drug-impaired driving cases. Law enforcement agencies have adapted by training officers to recognize signs of drug impairment and using specialized testing methods to detect THC concentration.

Additional Considerations

House Arrest and Electronic Home Monitoring

In some cases, offenders may be eligible for house arrest or electronic home monitoring as an alternative to jail time. This option allows individuals to serve their sentences at home while being monitored electronically.

Gross Misdemeanor vs. Felony DUI

Most DUI offenses in Washington are classified as gross misdemeanors. However, a DUI can be charged as a felony DUI if there are prior DUI convictions or if the offense involves aggravating factors such as causing bodily injury.

Sobriety Programs and Alcohol Assessments

Participation in sobriety programs and alcohol assessments is often required for DUI offenders. These programs aim to address the root causes of impaired driving and reduce the likelihood of reoffending.

Reckless Driving and Actual Physical Control

Reckless driving is another serious traffic offense in Washington and can sometimes be charged in conjunction with a DUI. Additionally, a person can be charged with DUI even if they are not driving but are in actual physical control of a motor vehicle while impaired.

Resources and Support

Government Resources

  • Washington State Department of Licensing (DOL): Provides information on license suspensions, reinstatements, and IID requirements. DOL DUI Information
  • Washington State Legislature: Access to the full text of DUI-related statutes. RCW 46.61.502

Individuals facing DUI charges are advised to seek legal counsel. Experienced DUI attorneys can provide guidance, represent clients in court, and help navigate the complexities of DUI law. A case evaluation by a DUI attorney can help determine the best defense strategy.

Support Groups

Support groups such as Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) offer resources and community support for individuals struggling with substance abuse issues.


DUI laws in Washington State are designed to promote public safety and deter impaired driving. Understanding these laws, the associated penalties, and the legal process can help individuals make informed decisions and seek appropriate legal assistance. By adhering to the state's DUI regulations and seeking support when needed, drivers can contribute to safer roads and communities.

About the author
Von Wooding

Von Wooding

Counsel Stack develops grounded language models equipped with research, retrieval, and drafting tools. We offer legal leads, pre-built intelligent applications, and white label solutions.

Counsel Stack Learn

A legal information center for the public

Counsel Stack Learn

Great! You’ve successfully signed up.

Welcome back! You've successfully signed in.

You've successfully subscribed to Counsel Stack Learn.

Success! Check your email for magic link to sign-in.

Success! Your billing info has been updated.

Your billing was not updated.