What are DUI penalties in Washington?
Washington DUI law is RCW 46.61.502 (driving) and RCW 46.61.504 (physical control), with sentencing under RCW 46.61.5055.
1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, .02% for drivers under 21 (RCW 46.61.503).
2. First Offense — BAC under .15 — Gross misdemeanor: 1 day to 364 days jail (mandatory minimum 24 hours jail or 15 days Electronic Home Monitoring), $990.50-$5,000 fine, 90-day license suspension, 5-year probation, mandatory IID for 1 year.
3. First Offense — BAC .15+ or refusal — Mandatory minimum 2 days jail or 30 days EHM, $1,245.50-$5,000 fine, 1-year license revocation (2 years for refusal), IID for 1 year.
4. Second Offense within 7 years (BAC under .15) — Mandatory minimum 30 days jail plus 60 days EHM, $1,245.50-$5,000 fine, 2-year license revocation, IID for 5 years.
5. Second Offense within 7 years (BAC .15+ or refusal) — Mandatory minimum 45 days jail plus 90 days EHM, $1,620.50-$5,000 fine, 900-day license revocation (3 years for refusal), IID for 5 years.
6. Third Offense within 7 years (BAC under .15) — Mandatory minimum 90 days jail plus 120 days EHM, $2,045.50-$5,000 fine, 3-year license revocation, IID for 10 years.
7. Third Offense within 7 years (BAC .15+ or refusal) — Mandatory minimum 120 days jail plus 150 days EHM, $2,920.50-$5,000 fine, 4-year revocation, IID for 10 years.
8. Fourth Offense within 10 years — Class C felony (or Class B if prior vehicular homicide/assault): up to 5 years prison.
9. Vehicular Homicide While Intoxicated (RCW 46.61.520) — Class A felony: up to life in prison and $50,000 fine.
10. Implied Consent (RCW 46.20.308) — Refusing breath/blood test triggers 1-year administrative license revocation for first refusal (2 years for second within 7 years).
11. Aggravating Factors — Passenger under 16 adds penalties; high BAC and prior convictions trigger enhanced minimums.
This is legal information, not legal advice.
- Any DUI charge — always get an attorney
- Accident with injuries
- Prior DUI convictions
- Felony DUI charge
- Wash. Rev. Code § 46.61.502
- Wash. Rev. Code § 46.61.5055
- Wash. Rev. Code § 46.61.520
- Wash. Rev. Code § 46.20.308
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.