Washington DUI Laws: Penalties, BAC Limit & License (2026)

In Washington the offense is called driving under the influence (DUI), and RCW 46.61.502 makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more, a THC concentration of 5.00 nanograms or more, or while affected by alcohol or drugs. A first DUI is a gross misdemeanor punishable by mandatory jail time, a fine of at least $990.50, and a 90-day license suspension under RCW 46.61.5055.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Washington

Washington's core DUI statute, RCW 46.61.502, creates several ways to charge the offense. A person commits DUI by driving with a BAC of 0.08 percent or more within two hours of driving, a THC concentration of 5.00 nanograms per milliliter or more within two hours, or while under the influence of or affected by alcohol, cannabis, or any drug. Because the affected-by theory does not require a number, a driver below 0.08 can still be convicted if the alcohol or drugs affected the ability to drive. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under Washington's zero-tolerance rule at a BAC of 0.02 percent or more, as the Washington Department of Licensing explains. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense DUI penalties in Washington (jail, fines, suspension)

A first DUI is a gross misdemeanor. Under the penalty schedule in RCW 46.61.5055, a first offense with a BAC under 0.15 carries a mandatory minimum of 24 consecutive hours in jail, or in the alternative at least 15 days of electronic home monitoring or a 90-day period of 24/7 sobriety program monitoring, plus a fine of at least $990.50 including assessments and up to $5,000. The court also imposes a 90-day license suspension. If the BAC was 0.15 or higher, or the driver refused the test, the mandatory minimum rises to 48 consecutive hours in jail (or 30 days of monitoring), a higher minimum fine, and a one-year license action. Every DUI sentence in Washington also requires a substance use disorder evaluation and an ignition interlock device.

Watch out: The Department of Licensing administrative action and the criminal court case run on separate tracks. You can resolve the criminal charge and still lose your license through the DOL, and you generally must request a DOL hearing within seven days of the arrest to contest the administrative suspension.

Ignition interlock requirements in Washington

Washington requires an ignition interlock device after every DUI conviction. Under RCW 46.20.720, the court must order the use of a functioning ignition interlock device on all vehicles the person operates, and the device must stay on for a set minimum period that depends on the offense level. While the license is suspended, a driver can apply for an ignition interlock driver license (IIL) under RCW 46.20.385, which allows lawful driving in an interlock-equipped vehicle for the period of the suspension or revocation. If the DUI occurred with a passenger under 16 in the vehicle, the court adds 12 months of interlock time for each such passenger. The device requires a breath sample before the engine starts and at random intervals while driving.

License suspension and the administrative process in Washington

Washington runs two suspension systems at once. The administrative action is handled by the Department of Licensing based on the arrest, independent of the criminal court outcome. Under the implied consent law, RCW 46.20.308, a first-time driver who fails the breath test faces a 90-day suspension, while a driver who refuses faces a one-year revocation. The arresting officer serves notice, and the suspension takes effect 30 days from the arrest unless the driver requests a hearing within seven days and pays the hearing fee. A separate court-ordered suspension follows a conviction. To keep driving, most people obtain an ignition interlock driver license, and reinstatement requires the substance use disorder evaluation, proof of SR-22 insurance, and payment of DOL fees.

Repeat offenses and the Washington look-back period

Washington uses a seven-year look-back for stepping up misdemeanor DUI penalties and a longer window for the felony charge. Under RCW 46.61.5055, a second DUI within seven years carries a mandatory minimum of 30 days in jail plus 60 days of electronic home monitoring and a two-year license revocation, and a third within seven years carries 90 days in jail plus 120 days of monitoring and a three-year revocation. The felony threshold is the fourth offense: under RCW 46.61.502, a DUI is a class B felony when the person has three or more prior offenses within the statutory window, or has a prior conviction for vehicular homicide or vehicular assault while under the influence. Vehicular homicide and vehicular assault committed while under the influence are themselves felonies regardless of offense number.

Watch out: Refusing the breath test does not protect your license. A first refusal triggers a one-year administrative revocation, longer than the 90-day suspension for failing the test, and the refusal can be used against you as evidence in the criminal case.

Refusing a breath or blood test in Washington

Washington's implied consent law, RCW 46.20.308, provides that by driving in the state you have consented to a breath test if arrested for DUI. A first refusal within seven years results in a one-year license revocation, longer than the 90-day suspension that applies when a driver takes the test and fails. A second refusal, or a refusal with a prior incident, results in a two-year revocation. Refusal also bumps the criminal penalties up to the higher BAC tier, so a first-offense refusal carries the 48-hour mandatory minimum rather than 24 hours. Because refusing makes both the license and the criminal consequences worse, it rarely helps. Officers can also obtain a warrant for a blood draw, particularly in cases involving a crash with injuries.

Can you expunge or seal a DUI in Washington

Washington does not allow a DUI conviction to be vacated or expunged. Under RCW 9.96.060, a person may petition to vacate certain misdemeanor convictions, but the statute specifically excludes a violation of RCW 46.61.502 (DUI), RCW 46.61.504 (physical control while under the influence), and any offense that counts as a prior offense under RCW 46.61.5055. That exclusion means a Washington DUI conviction stays on the criminal record permanently and continues to count as a prior in the look-back window. The one narrow path is a driver originally charged with DUI but ultimately convicted of a lesser, non-excluded offense such as reckless or negligent driving, who may be able to vacate that reduced conviction once the eligibility waiting period passes. A DUI that was dismissed or ended in acquittal does not carry a conviction to vacate.

What to do after a DUI arrest in Washington

A Washington DUI creates two matters at once: a criminal case in court and an administrative license case at the Department of Licensing. The deadlines are short, so a common first step is to request a DOL hearing within seven days of the arrest, because missing that window generally means the administrative suspension takes effect automatically. The criminal case proceeds on its own schedule through arraignment, the substance use disorder evaluation, and resolution. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Many people consult a licensed Washington DUI attorney to understand the charge, the seven-day DOL deadline, and the ignition interlock driver license option. Keep the arrest paperwork, the notice of suspension, and any test results in a safe place.