Washington · DUI · Checked October 2026

DUI Laws in Washington

What Happens if You Get a DUI in Washington?

Washington calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 7 days to challenge your license suspension
First offense jail: 24 consecutive hours to 364 days (48 consecutive hours to 364 days if BAC 0.15 or higher or you refused the test)
First offense fine: $350 to $5,000 ($500 to $5,000 if BAC 0.15 or higher or you refused the test)
First offense license: 90 days (BAC under 0.15); 1 year (BAC 0.15 or higher); 2 years (test refusal); the 90-day and 1-year periods can end early on evaluation plus a 90- or 120-day 24/7 sobriety program, but not before 2 days (under 0.15) or 4 days (0.15 or higher)
Felony: Class B felony if you have three or more prior offenses within 15 years (arrest for the prior within 15 years before or after the current arrest), or if you have ever been convicted of vehicular homicide or vehicular assault while under the influence, a comparable out-of-state offense, or a prior felony DUI or felony physical control

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Washington DUI Laws: Key Facts

Legal limit (adults): 0.08 BACRCW 46.61.502(1); RCW 46.61.503(1); RCW 46.25.090; RCW 46.61.5055
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (0.02 or more alcohol, or any THC above 0.00, within two hours after driving (RCW 46.61.503))
Enhanced penalties from: 0.15 BAC
Lookback period: 7 years
Insurance filing: SR-22, 3 years from the date proof was required

Washington DUI Penalties by Offense

DUI penalties in Washington for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	gross misdemeanor	gross misdemeanor	gross misdemeanor
Jail	24 consecutive hours to 364 days (48 consecutive hours to 364 days if BAC 0.15 or higher or you refused the test)	30 to 364 days plus 60 days of electronic home monitoring (45 to 364 days plus 90 days of home monitoring if BAC 0.15 or higher or you refused the test), with one prior offense within seven years	90 to 364 days plus 120 days of electronic home monitoring and, where available, a six-month 24/7 sobriety program (120 to 364 days plus 150 days of home monitoring if BAC 0.15 or higher or you refused the test), with two prior offenses within seven years
Fine	$350 to $5,000 ($500 to $5,000 if BAC 0.15 or higher or you refused the test)	$500 to $5,000 ($750 to $5,000 if BAC 0.15 or higher or you refused the test)	$1,000 to $5,000 ($1,500 to $5,000 if BAC 0.15 or higher or you refused the test)
License suspension	90 days (BAC under 0.15); 1 year (BAC 0.15 or higher); 2 years (test refusal); the 90-day and 1-year periods can end early on evaluation plus a 90- or 120-day 24/7 sobriety program, but not before 2 days (under 0.15) or 4 days (0.15 or higher)	2 years, not less than 1 year with a six-month 24/7 sobriety program (BAC under 0.15); 900 days (BAC 0.15 or higher); 3 years (test refusal)	3 years (BAC under 0.15); 4 years (BAC 0.15 or higher or test refusal)
Ignition interlock	The court must require a functioning ignition interlock on all vehicles you drive; DOL's restriction lasts at least 1 year for a first restriction	Ignition interlock required; DOL's restriction lasts at least 5 years for a person previously restricted	Ignition interlock required; DOL's restriction lasts at least 10 years for a person restricted twice before

First offense: RCW 46.61.5055(1), (5), (9), (11); RCW 46.61.502(5); RCW 46.20.720(3) · Second offense: RCW 46.61.5055(2), (9); RCW 46.20.720(3) · Third offense: RCW 46.61.5055(3), (9); RCW 46.20.720(3)

When Penalties Are Higher

BAC 0.15 or higher, or refusing the breath or blood test: Higher minimum jail and fines at every level (first: 48 hours and $500 minimum; second: 45 days plus 90 days home monitoring and $750 minimum; third: 120 days plus 150 days home monitoring and $1,500 minimum) and longer license revocationRCW 46.61.5055(1)(b), (2)(b), (3)(b), (9)(a)(ii)-(iii)
one or more passengers under age 16 in the vehicle: For each such passenger: an extra 24 hours in jail and a $1,000 to $5,000 fine (no prior), 5 days and $2,000 to $5,000 (one prior), or 10 days and $3,000 to $10,000 (two priors); plus 12 more months of ignition interlock per passenger (18 months at 0.15 or higher, refusal, or felony level)RCW 46.61.5055(6)

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If You Refuse a Breath or Blood Test

Revocation for at least 1 year (2 years with a prior incident within seven years); the refusal may be used against you in a criminal trial; on conviction a refusal is sentenced like a 0.15 or higher BAC and brings a 2-, 3- or 4-year revocation depending on priorsRCW 46.20.308(2); RCW 46.20.3101(1); RCW 46.61.5055(1)(b), (9)(a)(iii)

Official source: if you refuse a breath or blood test in Washington

Getting a Ignition Interlock Driver's License (IIL)

You may apply at any time, including right after arrest. You must install an ignition interlock on all vehicles you drive and file proof of financial responsibility such as an SR-22, and keep the device for the rest of the suspension or revocation

Official source: getting a ignition interlock driver's license (iil) in Washington

Ignition Interlock

First offense: Yes. The court must order an ignition interlock on every DUI conviction, and DOL restricts you to interlock-equipped vehicles for at least 1 year after a first restriction Repeat offenses: At least 5 years after a prior restriction, and at least 10 years after two prior restrictions The device's set point is 0.020. Before removal, the vendor must certify 180 consecutive days with no failed starts at 0.04 or more, missed or failed random tests, missed service appointments, or unauthorized removal. Driving without the device or tampering adds 180 days. Time with the device under an ignition interlock license counts day for day

Official source: ignition interlock in Washington

Can a DUI Come Off Your Record?

A DUI or physical control conviction cannot be vacated under Washington's misdemeanor vacation law RCW 9.96.060(2)(d) bars vacating a conviction when "the offense was a violation of RCW 46.61.502 (driving while under the influence), 46.61.504 (actual physical control while under the influence) ... or the offense is considered a 'prior offense' under RCW 46.61.5055 and the applicant has had a subsequent alcohol or drug violation within 10 years of the date of arrest for the prior offense or less than 10 years has elapsed since the date of the arrest for the prior offense"

Official source: can a dui come off your record? in Washington

Drivers Under 21

A driver under 21 commits a separate offense with a BAC of at least 0.02 but under 0.08, or any THC above 0.00 but under 5.00, within two hours after driving Misdemeanor; DOL suspends the license for 90 days for a first incident within seven years, and revokes it for 1 year or until age 21 (whichever is longer) for a second

Official source: drivers under 21 in Washington

Driving After Using Drugs

Yes. The DUI statute covers being under the influence of or affected by intoxicating liquor, cannabis or any drug, alone or combined, and sets a per se limit of 5.00 THC in blood within two hours after driving. Being legally entitled to use a drug is not a defense

Official source: driving after using drugs in Washington

More on DUI Law in Washington

For the state's own guidance, see Washington State Department of Licensing: DUI (Driving Under the Influence).

This page summarizes Washington law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Washington can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in Washington?

Jail: 24 consecutive hours to 364 days (48 consecutive hours to 364 days if BAC 0.15 or higher or you refused the test). Fine: $350 to $5,000 ($500 to $5,000 if BAC 0.15 or higher or you refused the test). License suspension: 90 days (BAC under 0.15); 1 year (BAC 0.15 or higher); 2 years (test refusal); the 90-day and 1-year periods can end early on evaluation plus a 90- or 120-day 24/7 sobriety program, but not before 2 days (under 0.15) or 4 days (0.15 or higher).

How Long Do You Have to Request a License Hearing in Washington?

7 days. How it is counted: the date the notice was given (usually at arrest; for a blood test the department sends the notice later). If mailed, the request must be postmarked within seven days after you receive the notice. Request a formal hearing in writing with DOL and pay the $375 fee (waivable if you are indigent): online through DOL's secure portal or with the Request for DUI Hearing form 525001. If you miss it, the suspension usually takes effect automatically.

When Is a DUI a Felony in Washington?

Class B felony if you have three or more prior offenses within 15 years (arrest for the prior within 15 years before or after the current arrest), or if you have ever been convicted of vehicular homicide or vehicular assault while under the influence, a comparable out-of-state offense, or a prior felony DUI or felony physical control

Do You Need an SR-22 After a DUI in Washington?

Yes. How long: 3 years from the date proof was required. An SR-22 is a form your insurer files with the state to prove you carry the required coverage.