Washington DUI laws impose harsh consequences on motorists who have been found to be driving while impaired—especially if those drivers are repeat offenders.

Check out this guide to Washington DUI laws to understand what to expect if you have been accused of violating laws prohibiting drunk driving in the state.

DUI Washington Laws: The Basics

Under Washington DUI laws, you can be charged with a drunk driving offense in the following situations:

  • You have a blood alcohol concentration (BAC) of .08 or higher
  • You have a BAC of .02 or higher if you are under 21 under zero tolerance laws
  • You are driving under the influence of any combination of alcohol or drugs that affects your driving

The definition of a drug includes any chemical that has been inhaled or ingested due to its hallucinatory or intoxicating effects.

What Happens When You Are Arrested for a Washington DUI?

Washington DUI laws include an implied consent law mandating you submit to a chemical test if you are arrested with probable cause to believe you are driving while impaired. If a driver refuses to submit to a test, their license is revoked for at least one year.

If you fail the test, you can be subject to an administrative license suspension. The administrative suspension will start 30 days following your arrest and will last between 90 days and two years depending on whether you have any past violations.

This administrative suspension happens prior to any criminal case and is independent of a criminal conviction. You do, however, have seven days to request a hearing to contest this administrative suspension of your license.

In addition to the administrative suspension, a prosecutor will likely bring charges against you. These could result in a conviction in court and criminal penalties could be imposed after conviction.

Penalties for an Washington DUI

Criminal penalties apply only if you plead guilty or if you are found guilty of a crime under Washington DUI laws. Here are the possible consequences of a conviction.

Offense Jail Time Fines License Suspension
First offense with a BAC below 0.15% Minimum 24 consecutive hours. Maximum 364 days $990.50 to $5,000 90 days
First offense with a BAC of .15% or higher or after refusing a BAC test Minimum 48 consecutive hours. Maximum 364 days $1,245.50 to $5,000 1 year revocation or 2 year revocation if you refused a BAC test
Second offense with a BAC below 0.15% Minimum 30 days and maximum 364 days $1,245.50 to $5,000 2 year revocation
Second offense with a BAC of .15% or higher or after refusing a BAC test Minimum 45 days and maximum 364 Days $1,670.50 to $5,000 900 day revocation or 3 Years if BAC refused
Third or subsequent offense with a BAC below 0.15% Minimum 90 days and maximum 364 Days $2,095.50 to $5,000 3 year revocation
Third or subsequent offense with a BAC above 0.15% Minimum 120 days and maximum 364 Days $2,945.50 to $5,000 4 year revocation

There are many aggravating factors that can result in harsher penalties including a longer license suspension, a higher fine, or an expanded alcohol assessment and treatment program. This DUI sentencing grid can help you to better understand the potential consequences of a conviction under Washington DUI laws.

Can You Get DUI Charges Dropped in Washington?

DUI charges will not be dropped if there is sufficient evidence to move forward with a case against you. However, deferred prosecution could be an option in some DUI cases, as could negotiating a plea agreement that results in a less serious charge or a reduced penalty. These options are usually available only to first-time offenders, though.

It may be possible for your charges to be dropped or your case to be dismissed if there is insufficient evidence. If your constitutional rights were violated, you can argue to the judge that the evidence should be suppressed. If the judge agrees the evidence was collected illegally, it will be declared inadmissible and without evidence your case may not move forward.

You also can try to introduce reasonable doubt to avoid conviction, as a prosecutor has the burden of proof in criminal cases.

Get Help from a Washington DUI Lawyer

A Washington DUI lawyer can advocate for you as you face impaired driving charges. Your attorney will assist you in understanding how the law applies to you and will assist you in developing a legal strategy aimed at minimizing the potential consequences of a drunk driving arrest.

Frequently Asked Questions (FAQs)

What happens when you get your first DUI in Washington?

You could be sentenced to a minimum of 24 to 48 hours of jail time for a first DUI in Washington depending on your BAC. You could also face a suspension of your driver’s license and costly fines. An administrative suspension of your license can occur even before you are convicted of a crime, but you have an option to request a hearing to try to protect your right to drive.

How likely is jail time for a first DUI in Washington?

Jail time is a definite possibility for a first DUI in Washington, with a conviction resulting in a minimum of 24 hours of incarceration or a minimum of 48 hours if your BAC was above .15%. The maximum period of incarceration for a first offense is 364 days. Because of these serious consequences, it’s best to get help from a DUI lawyer to try to protect your freedom and limit the penalties that apply in your case.

Is a first DUI in Washington a felony?

You will not face felony charges for a first DUI in Washington. But this doesn’t mean the consequences of conviction are not serious. In fact, even first-time offenders could lose their right to drive temporarily and could be sentenced to jail time. Felony charges also become likely if you are a repeat offender or there are aggravating factors involved such as causing a serious injury to others while driving impaired.