What happens if I get a DUI in Washington?

Question

Accepted Answer

Washington has stringent DUI penalties including mandatory jail even for first offenders and one of the longest minimum interlock requirements in the country.

1. Per Se BAC Standard

RCW 46.61.502 sets adult per se DUI at 0.08% BAC or THC 5 ng/mL. RCW 46.25.090 sets commercial at 0.04%; RCW 46.61.503 sets under-21 limit at 0.02%.

2. Implied Consent

RCW 46.20.308 requires submission to breath testing (blood requires warrant post-Birchfield). First refusal triggers a 1-year license revocation; second refusal in 7 years is a 2-year revocation. Refusal is now also admissible as evidence at criminal trial.

3. First-Offense Penalties

First DUI under RCW 46.61.5055(1)(a): mandatory 24 hours jail (or 15 days electronic home monitoring) to 364 days, $990.50-$5,000 fine, 90-day license suspension (1 year if BAC 0.15%+ or refusal), mandatory ignition interlock for 1 year (or 5 years if BAC 0.15%+), and alcohol/drug evaluation.

4. Enhancements

Fourth DUI in 10 years is a Class C felony under RCW 46.61.502(6) with up to 5 years prison. Vehicular homicide (RCW 46.61.520) and vehicular assault (RCW 46.61.522) are Class A and B felonies. Minor passenger under 16 adds 24 hours jail and 6-month interlock extension.

5. Administrative License Suspension (ALS)

The arresting officer serves a notice; you have 20 days (7 days to request expedited hearing) to file a Department of Licensing hearing request to challenge the suspension. The hearing is separate from the criminal case and held by phone.

6. Court Process

Arraignment in district or municipal court, pretrial conferences, suppression hearings (CrRLJ 3.6), plea negotiations (negligent driving 1st degree often pursued as reduction), and bench/jury trial of 6.

7. Long-Term Consequences

SR-22 high-risk insurance for 3 years, federal CDL disqualification for 1 year (49 C.F.R. § 383.51), DUI convictions never expungeable under RCW 9.96.060, and "lookback" period is 10 years for prior-offense enhancements.

This is legal information, not legal advice.