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Washington State has some of the toughest DUI laws in the country, also for first-time offenders. Driving under the influence is considered a gross misdemeanor crime with penalties including fines, mandatory jail, and license suspension. Continue reading to find out more about the Washington DUI law.
What Is a DUI in Washington State?
Driving under the influence (DUI) in the state of Washington means that you are operating a vehicle while affected by alcohol, legal or illegal drugs, or both.
How Is DUI Determined?
Under Washington law, you may be charged with DUI in the following cases:
- If the results of a breath or blood test show the following amount of alcohol in your blood:
- .08 or higher for adults
- .02 or higher for minors under the age of 21
- .04 or higher for commercial vehicle drivers
- If you are caught driving under the influence of alcohol, drugs, or a combination of the two, regardless of their concentration in your blood.
Penalties for DUI in Washington State
A DUI in Washington State is considered a gross misdemeanor already with the first offense. Penalties for driving under the influence may include everything from fines to mandatory jail, license suspension, probation, and the ignition interlock device. The penalty you will face depends on several factors, including your breath test result and your prior criminal history.
In addition to maximum penalties, Washington DUI charges also carry mandatory minimum penalties governed by the DUI penalty statute.
| First offense DUI | BAC less than .15% or no test result | BAC more than .15% or test refusal |
| Minimum jail timeor electronic home monitoring (EHM) | 24 hours consecutively or 15 days EMH | 48 hours consecutively or 30 days EMH |
| Maximum jail time | 364 days | 364 days |
| Fines and fees | $823-$5,000 | $1,015-$5,000 |
| License suspension | 90 days | 1-2 years |
| Ignition interlock | One year after suspension | One year after suspension |
| Alcohol or drug assessment | Yes | Yes |
| Probation | Five years | Five years |
| Second offense DUI | BAC less than .15% or no test result | BAC more than .15% or test refusal |
| Minimum jail time | 30 days consecutively | 45 days consecutively |
| Maximum jail time | 364 days | 364 days |
| Electronic home monitoring (EHM) | 60 days | 90 days |
| Fines and fees | $1,015-$5,000 | $1,405-$5,000 |
| License suspension | Two years | 900 days-3 years |
| Ignition interlock | Five years if previously restricted | Five years if previously restricted |
| Alcohol or drug assessment | Yes | Yes |
| Probation | Five years | Five years |
| Third or more offense DUI | BAC less than .15% or no test result | BAC more than .15% or test refusal |
| Minimum jail time | 90 days consecutively | 120 days consecutively |
| Maximum jail time | 364 days | 364 days |
| Electronic home monitoring (EHM) | 120 days | 150 days |
| Fines and fees | $1,805-$5,000 | $2,605-$5,000 |
| License suspension | Three years | Four years |
| Ignition interlock | Ten years if previously restricted for five | Ten years if previously restricted for five |
| Alcohol or drug assessment | Yes | Yes |
| Probation | Five years |
Felony DUI in Washington State
If you commit a fifth DUI offense in ten years, you have a prior conviction for a felony DUI, or a DUI-related vehicular assault or homicide, you may face felony charges and significantly higher penalties.
DUI with a child passenger
In case there was a child under the age of 16 in the vehicle at the time of your DUI offense, you risk additional penalties:
- For a first offense, there is an additional 24 hours in jail and $1,000-$5,000 in fines.
- A second offense carries an extra five days in jail and $2,000-$5,000 in fines.
- For a third offense involving a child passenger, you face ten days in jail and $3,000-$5,000 in fines.
Does Washington Have an Implied Consent Law?
Implied consent law states that by obtaining a driver’s license you have implicitly agreed to submit to field sobriety and chemical tests if police believe that you are driving under the influence. All fifty states, including Washington, have an implied consent law.
If you are arrested, an officer will notify you that you may refuse to take a breath or blood test. However, this means that you will lose your license for one year and that evidence of your refusal may be used against you in court. The one-year license suspension is controlled by the Washington Department of Licensing (DOL) and is unrelated to any criminal proceedings if you are charged for a DUI.
Can You Be Arrested on Suspicion of DUI in Washington?
In the state of Washington, you may be arrested for driving under the influence on suspicion alone. In other words, you can get charged with DUI regardless of the concentration of alcohol in your blood. An officer may simply suspect that you are driving under the influence based on a field sobriety test or simple observation.
Hiring an experienced traffic ticket attorney can help you to raise a valid legal defense when you’re facing a DUI charge in Washington State. Here’s how the WinIt app can help you win your case.
Hire an Attorney to Fight Your Case
The WinIt app is the simplest way to find a qualified lawyer who will defend your DUI ticket in Washington State. Simply take a photo of your traffic ticket, submit any evidence right in the app, and our team will get back to you with a free quote within the next 48 hours.
The app allows you to choose any of the experienced attorneys available on the platform at low rates. The attorney will assess your case and advise you on what you can be charged with and what defense you may have, if any. He or she will then work on building the best possible defense for your DUI case.
Using the WinIt app is completely risk-free—you won’t be charged unless we win your case. If you would like to know how we may be able to help, give us a call today at (646) 859-0828.
