DUI Laws in Washington

0.08 alcohol concentration within two hours of driving (or THC of 5.00 or more). Drivers under 21 are guilty of a separate offense at 0.02 or more.

With no prior offense in seven years and an alcohol concentration under 0.15: at least 24 consecutive hours and up to 364 days in jail (the court may instead order at least 15 days of electronic home monitoring or 90 days of 24/7 sobriety monitoring) and a fine of $350 to $5,000. At 0.15 or more, or after a test refusal: at least 48 consecutive hours (or alternatives such as 30 days of home monitoring) and higher minimum fines. The license is suspended for 90 days (under 0.15) or revoked for one year (0.15 or more or refusal), or until the person is evaluated and completes or enrolls in the recommended treatment.

In Washington, DUI is a class B felony if the person has three or more prior offenses within 15 years (as defined in RCW 46.61.5055). It is also a class B felony if the person has ever been convicted of vehicular homicide or vehicular assault while under the influence (or a comparable out-of-state offense), or of a previous felony DUI or felony physical control. Otherwise, DUI is a gross misdemeanor.

Refusing a breath or blood test leads to administrative revocation for one year for a first refusal with no prior incident in seven years; two years (or until age 21, if longer) for a second refusal or with a prior incident. Testing at 0.08 or more brings a 90-day administrative suspension for a first incident (unless the person completes or enrolls in a pretrial 24/7 sobriety program) and two years for a second within seven years.

Seven years for repeat-offense misdemeanor penalties (counting arrests within seven years before or after the current arrest). A DUI becomes a felony with three or more prior offenses within 15 years, or with certain prior serious convictions at any time.

Permanent. By law, the Department of Licensing may not destroy records of DUI, physical control, vehicular homicide or vehicular assault convictions, deferred prosecutions, or other 'prior offenses' under RCW 46.61.5055, and must keep them on file permanently. On the criminal side, a DUI or physical-control conviction generally cannot be vacated under Washington's misdemeanor vacation statute.

A driver suspended for failing to respond or appear, financial responsibility violations, or too many moving violations may apply to DOL for an occupational driver's license valid for the suspension period. A temporary restricted license is available for some mandatory suspensions, but not for DUI, physical control, vehicular homicide, or vehicular assault.