Washington DUI Laws Explained

A Washington DUI arrest triggers two parallel processes: a criminal case under RCW 46.61.502, and an administrative DOL action that begins with a 90-day license suspension. Both move quickly, both have separate timelines, and both have to be answered separately to preserve the best possible outcome. Washington also has one of the strictest mandatory minimum jail sentences for first-offense DUI in the country.

The legal threshold

Washington's per-se DUI thresholds:

• Adults 21+: 0.08% BAC.
• Drivers under 21: 0.02% BAC — Washington's "Minor DUI" under RCW 46.61.503.
• Commercial drivers (CDL): 0.04% BAC.
• Marijuana per-se threshold: 5 nanograms per milliliter of active THC in the blood.

Washington also charges DUI on impairment evidence below 0.08% under the "affected by" subsection of RCW 46.61.502 — drugs (legal or illegal), inhalants, and any combination producing impairment.

The 90-day administrative suspension

After a DUI arrest where the BAC was 0.08% or higher (or the driver refused chemical testing), the arresting officer typically confiscates the driver's license on the spot and issues a 30-day temporary license. The administrative suspension is set to take effect 60 days after arrest:

• 90-day suspension for a first administrative case at 0.08-0.149% BAC.
• 1-year revocation for a chemical-test refusal first offense.
• 2-year revocation for a chemical-test refusal with prior DUI in 7 years.

Drivers have 7 calendar days from arrest to request a DOL administrative hearing. The hearing is held by phone and addresses four narrow questions: did the officer have lawful cause to stop and arrest, was the driver advised of implied consent rights, was the BAC at or above 0.08%, and did the driver refuse the chemical test. Winning the administrative hearing does not affect the criminal case but does prevent the administrative suspension from going forward.

First-offense criminal penalties

A first-offense DUI conviction in Washington is a gross misdemeanor, with the specific minimums depending on the BAC:

• BAC 0.08-0.149%: mandatory minimum 1 day in jail (24 hours actual confinement) or 15 days of electronic home monitoring; $1,135 minimum fine (statutory + court costs); 1-year license suspension by the court.
• BAC 0.15% or higher (or refusal): mandatory minimum 2 days in jail; $1,635 minimum fine; 2-year license suspension.

The mandatory minimum is a sentence the judge cannot suspend; it is served before any probation or suspended portion takes effect. Maximum penalties are 1 year in jail and a $5,000 fine.

Ignition Interlock Device (IID)

Washington requires an IID on every vehicle the driver operates after any DUI conviction:

• 1 year for a first DUI conviction.
• 5 years for a second DUI within 7 years.
• 10 years for a third or subsequent DUI within 7 years.

The device costs roughly $70-$150 per month plus a $100-$150 install fee, paid by the driver. Failed tests reset the IID period and can extend probation.

Ignition Interlock License (IIL)

Washington's Ignition Interlock License lets a DUI-suspended driver legally operate any IID-equipped vehicle during the suspension period. The IIL is available almost immediately after a DUI arrest with proof of IID installation, an SR-22 filing on file, and a $100 application fee. The IIL allows driving for any purpose (work, school, errands) — broader than most states' restricted licenses. See the suspended license page for the full IIL application process.

Aggravating factors

Penalties escalate when any of the following apply:

• BAC at or above 0.15% (mandatory minimum jail doubles).
• An accident causing serious injury or death (separate vehicular assault or homicide charges under RCW 46.61.522 or 46.61.520).
• A passenger under 16 in the vehicle: additional 24 hours mandatory jail and $1,000-$5,000 added fine.
• A prior DUI within 7 years.
• Speed of 30+ mph over the posted limit at the time of arrest.

Repeat offenses

A second DUI within 7 years is a gross misdemeanor with 30 days mandatory minimum jail (45 days for 0.15+ or refusal), 60 days of electronic home monitoring, a $1,995 minimum fine, and a 2-year license revocation. A third DUI within 10 years is a felony in most cases — sentencing under Washington's Sentencing Reform Act, with prison time and indefinite license revocation.

Refusal of the chemical test

Washington is an implied-consent state under RCW 46.20.308. A first refusal produces a 1-year license revocation, and the refusal itself is admissible as evidence at trial. A second refusal in 7 years produces a 2-year revocation. Refusal does not prevent prosecution; the state can still pursue DUI based on impairment evidence.

For reinstatement after the suspension period ends, see Washington suspended license; for the SR-22 financial responsibility filing required after a conviction, see car insurance.