Washington DUI Laws
Being charged with a DUI can be devastating. If you are convicted, you may face penalties that can have a major impact on your personal and professional life. A DUI attorney is best qualified to analyze the prosecution's case against you. For example, without probable cause for DUI testing, the prosecution's case is weaker, meaning you will have a better chance of improving your outcome and even winning your case. If you have been charged with DUI in Washington, you should consult an experienced DUI lawyer who will protect your legal rights and your future.
Conviction penalties will vary depending on the charges, your level of intoxication and the number of prior offenses (within seven years). Penalties can include jail, electronic home monitoring (which may be in lieu of jail time for first offenders only), fines, an ignition interlock device, license suspension and alcohol/drug education and treatment. The laws may vary by jurisdiction and are subject to change. Only a DUI attorney can tell you the applicable DUI punishments in your case.
The Department of Motor Vehicles (DMV) can also take away your driving privileges if you refused or failed a blood alcohol content (BAC) test. If your driver's license is suspended or revoked (by the DMV or by the court), you can apply for an Occupational/Restricted Driver's License (ORL) which allows you to drive during the suspension period but restricts the times and places that you may drive. You may also apply for an Ignition Interlock Driver License (IIL) that will allow you to drive a vehicle equipped with an ignition interlock device for the period of your suspension or revocation. Contact a DUI attorney today for help getting your driving privileges restored as quickly as possible.
Washington DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Washington BAC laws may differ from those of other states, as follows.
| Washington BAC Laws | |
| Per Se Violation | BAC of .08 to .149 |
| Enhanced Penalty | .15 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: within approximately 20 days after DUI/DWI citation.
| DUI/DWI Arrest | |
| 1st Offense - Per Se Violation (.08 or higher) | At least 90 days license suspension |
| Subsequent Offenses (within 7 years) | 2 years license suspension |
| "Zero Tolerance" (BAC for someone under 21) | At least 90 days license suspension |
| Temporary License | Yes for 60 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Subsequent Offense | 1-year license suspension |
| Subsequent Offenses (within 7 years) | 2-year license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense - Per Se Violation (.08 to .149) | |
| License Suspension | 90 days (may have restricted license) |
| Prison Term and Community Service | 1 to 364 days in jail or 15 days electronic home monitoring |
| Fines, Fees, and Surcharges | Approx. $350 to $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| First DUI/DWI Offense - Enhanced Penalty (.15 or higher) | |
| License Suspension | 1 year (may have restricted license) |
| Prison Term and Community Service | 2 to 364 days in jail or 30 days electronic home monitoring |
| Fines, Fees, and Surcharges | Approx. $500 to $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DUI/DWI Offense - Per Se Violation (.08 to .149) | |
| License Suspension | 2 years (may have restricted license) |
| Prison Term and Community Service | 30 to 364 days in jail and 60 days electronic home monitoring |
| Fines, Fees, and Surcharges | Approx. $500 to $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DUI/DWI Offense - Enhanced Penalty (.15 or higher) | |
| License Suspension | 900 days (may have restricted license) |
| Prison Term and Community Service | 45 to 364 days in jail and 90 days electronic home monitoring |
| Fines, Fees, and Surcharges | Approx. $750 to $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third DUI/DWI Offense - Per Se Violation (.08 to .149) | |
| License Suspension | 3 years (may have restricted license) |
| Prison Term and Community Service | 90 to 364 days in jail and 120 days electronic home monitoring |
| Fines, Fees, and Surcharges | Approx. $1,000 to $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third DUI/DWI Offense - Enhanced Penalty (.15 or higher) | |
| License Suspension | 4 years (may have restricted license) |
| Prison Term and Community Service | 120 to 364 days in jail and 150 days electronic home monitoring |
| Fines, Fees, and Surcharges | Approx. $1,500 to $5,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Washington State Department of Licensing, Washington Courts