Washington · DUI
Washington DUI laws and penalties
Washington's legal BAC limit is 0.08%. For a first offense, Washington's statute provides jail of 24 hours to 364 days, a fine of $350 to $5,000, and a license suspension of 90 days. The license hearing, the ignition interlock rule and the statute behind every figure are below.
Figures read from official pages on .
Washington DUI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.15%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.02%
- Limit for drivers under 21
- Lookback period
- 7 years
- Prior DUI offenses that count
License hearing: ask within 7 days
In writing within 7 days after the notice, to the Department of Licensing, with a $375 fee (waivable if you cannot pay). If mailed it must be postmarked within 7 days. Count the days with the license-hearing window calculator.Higher BAC level. At 0.15 or more a first offense carries at least 48 consecutive hours in jail (24 otherwise), a fine of $500 to $5,000, and a one-year license revocation instead of a 90-day suspension.
Ignition interlock. Required for every conviction, including a first.
01Penalties
Washington DUI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | 24 hours | 30 days |
| Jail (maximum) | 364 days | 364 days |
| Fine (minimum) | $350 | $500 |
| Fine (maximum) | $5,000 | $5,000 |
| License suspension | 90 days | 2 years |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Washington compares
Of the 49 states with a confirmed BAC limit, 48 (Washington among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Washington requires one after every first conviction.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Washington gives 7.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Idaho | 0.08% | 7 days | Required | Up to 6 months | Up to $1,000 | 30 days absolute suspension, then 60 to 150 more days |
| Oregon | 0.08% | 10 days | Required | 48 hours to 364 days | $1,000 to $6,250 | 1 year |
| Washington (this page) | 0.08% | 7 days | Required | 24 hours to 364 days | $350 to $5,000 | 90 days |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DUI case moves through the system in Washington
Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
In writing within 7 days after the notice, to the Department of Licensing, with a $375 fee (waivable if you cannot pay). If mailed it must be postmarked within 7 days.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Washington's statute provides jail of 24 hours to 364 days, a fine of $350 to $5,000, and a license suspension of 90 days. See the penalties table above.
04Sources
Where Washington's figures come from
- RCW 46.61.502(1) (app.leg.wa.gov)Main statute · BAC limit, age 21 and over
- RCW 46.61.5055(1)(b) (app.leg.wa.gov)Higher BAC level · Lookback period · Ignition interlock, first offense · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
- RCW 46.61.503(1)(b)(i) (app.leg.wa.gov)BAC limit under 21
- RCW 46.20.308(7) (app.leg.wa.gov)License hearing request
Show the exact words behind each figureHide the exact words
- Main statute
RCW 46.61.502
RCW 46.61.502(1)
A person is guilty of driving while under the influence of intoxicating liquor, cannabis, or any drug if the person drives a vehicle within this state:
- BAC limit, age 21 and over
0.08%
RCW 46.61.502(1)(a)
And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW
- Higher BAC level
0.15%
RCW 46.61.5055(1)(b)
(b) Penalty for alcohol concentration at least 0.15. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW
- BAC limit under 21
0.02%
RCW 46.61.503(1)(b)(i)
An alcohol concentration of at least 0.02 but less than the concentration specified in RCW
- Lookback period
7 years
RCW 46.61.5055(14)(c)
means that the arrest for a prior offense occurred within seven years before or after the arrest for the current offense
- License hearing request
7 days
RCW 46.20.308(7)
A person receiving notification under subsection (5)(b) of this section may, within seven days after the notice has been given, request in writing a formal hearing before the department.
- Ignition interlock, first offense
Required after a first conviction
RCW 46.61.5055(5)(a)
The court shall require any person convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance to comply with the rules and requirements of the department regarding the installation and use of a functioning ignition interlock device installed on all motor vehicles operated by the person.
- First offense: jail, minimum
24 hours
RCW 46.61.5055(1)(a)(i)
By imprisonment for not less than 24 consecutive hours nor more than 364 days.
- First offense: jail, maximum
364 days
RCW 46.61.5055(1)(a)(i)
Same passage as above.
- First offense: fine, minimum
$350
RCW 46.61.5055(1)(a)(ii)
By a fine of not less than $350 nor more than $5,000. $350 of the fine may not be suspended unless the court finds the offender to be indigent
- First offense: fine, maximum
$5,000
RCW 46.61.5055(1)(a)(ii)
Same passage as above.
- First offense: license
90 days
RCW 46.61.5055(9)(a)(i)(A)
Where there has been no prior offense within seven years, be suspended or denied by the department for 90 days or until the person is evaluated by a substance use disorder agency or probation department pursuant to RCW
- Second offense: jail, minimum
30 days
RCW 46.61.5055(2)(a)(i)
By imprisonment for not less than 30 days nor more than 364 days and 60 days of electronic home monitoring.
- Second offense: jail, maximum
364 days
RCW 46.61.5055(2)(a)(i)
Same passage as above.
- Second offense: fine, minimum
$500
RCW 46.61.5055(2)(a)(ii)
By a fine of not less than $500 nor more than $5,000. $500 of the fine may not be suspended unless the court finds the offender to be indigent
- Second offense: fine, maximum
$5,000
RCW 46.61.5055(2)(a)(ii)
Same passage as above.
- Second offense: license
2 years
RCW 46.61.5055(9)(a)(i)(B)
Where there has been one prior offense within seven years, be revoked or denied by the department for two years or until the person is evaluated by a substance use disorder agency or probation department pursuant to RCW
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.