Washington · DUI · Checked October 2026
Washington DUI Penalties: First, Second and Third Offense
Washington DUI Penalties: What Are the Rules?
Washington sets DUI penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 7 years
Washington DUI Penalties by 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 |
Other First Offense Penalties in Washington
- In place of the minimum jail term the court may order at least 15 days of electronic home monitoring or a 90-day 24/7 sobriety program (30 days of home monitoring or a 120-day program at 0.15 or higher or refusal)
- Substance use disorder assessment and treatment under RCW 46.61.5056
- Up to five years of suspended jail time with mandatory probation conditions; each violation of a mandatory condition means 30 days in jail and a 30-day license suspension
- $350 of the fine ($500 at 0.15 or higher or refusal) cannot be suspended unless the court finds you indigent
Other Second Offense Penalties in Washington
- Mandatory jail and home monitoring cannot be suspended or converted unless the court finds a substantial risk to your physical or mental well-being
- Expanded substance use disorder assessment and treatment if the assessment calls for it
Official source: other second offense penalties (Washington)
Other Third Offense Penalties in Washington
- Mandatory jail and home monitoring cannot be suspended or converted unless the court finds a substantial risk to your physical or mental well-being
- A fourth DUI with three or more prior offenses within 15 years is a class B felony
When Penalties Are Higher in Washington
- 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 revocation
- 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)
When a DUI Is 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 controlRCW 46.61.502(6); RCW 46.61.5055(4), (14)(d)
How Far Back Prior Offenses Count in Washington
7 years. Penalty tiers count prior offenses whose arrest was within seven years before or after the current arrest; the felony rule uses a 15-year window. Deferred prosecutions for DUI count as prior offensesRCW 46.61.5055(14)(a), (c), (d)
Official source: how far back prior offenses count (Washington)
More on DUI Law in Washington
See the full overview of DUI laws in Washington and read about first-offense DUI penalties across the states.
This page summarizes Washington law from official sources, checked October 2026. It isn't legal advice; 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).
What Is the Penalty for a Second DUI in Washington?
Jail: 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. Fine: $500 to $5,000 ($750 to $5,000 if BAC 0.15 or higher or you refused the test). License suspension: 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).
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