DUI Laws in Washington: Penalties, BAC Limits & License Suspension

In Washington, a first-offense drunk-driving arrest is charged as Driving Under the Influence (DUI) under RCW 46.61.502, and the standard per se limit is 0.08% blood or breath alcohol concentration (BAC). Separately from any criminal case, the Washington State Department of Licensing (DOL) can suspend your license before you're ever convicted — but you only have seven calendar days from your arrest to request a hearing to fight that suspension. Miss that window and the suspension takes effect automatically. If you were arrested in Washington in the last week, read the Administrative License Suspension section below first.

What Washington calls this offense

Washington uses the term DUI (Driving Under the Influence), codified at RCW 46.61.502. A closely related charge, Physical Control of a Vehicle While Under the Influence (RCW 46.61.504), applies when someone is found impaired behind the wheel of a parked or non-moving car — for example, asleep in the driver's seat with keys in the ignition. Washington also has a separate minor's DUI statute, RCW 46.61.503, for drivers under 21.

Per se BAC limits in Washington

A "per se" limit means the BAC number alone is enough to convict, regardless of whether you seemed impaired. Washington's limits, by driver category:

• 0.08% — standard limit for drivers 21 and over. This is the nationwide per se limit used in every state.
• 0.04% — commercial driver's license (CDL) holders operating a commercial motor vehicle. A first CDL alcohol violation at 0.04% or higher disqualifies the CDL for at least one year, per the Washington Department of Licensing's CDL disqualification rules.
• 0.02% — drivers under 21. Washington's minor DUI law (RCW 46.61.503) sets the threshold at "at least 0.02 but less than" the adult 0.08 limit — this is not a strict zero-tolerance 0.00 rule, but it is far below the adult limit and still charged as a separate misdemeanor.
• 0.15% — a statutory high-BAC tier. Washington doesn't use the label "aggravated DUI," but RCW 46.61.5055 imposes materially harsher mandatory minimums (longer license revocation, more jail/monitoring time, and higher minimum fines) once BAC reaches 0.15% or above.

Washington law also separately criminalizes driving with a THC (marijuana) concentration of 5.00 ng/mL or higher within two hours of driving, under the same DUI statute. If cannabis is involved, the BAC discussion above doesn't apply the same way — confirm with a Washington attorney.

Implied consent and refusing the test

By driving in Washington, you've legally agreed to submit to a breath (or blood) test if an officer has reasonable grounds to believe you were driving under the influence — this is Washington's "implied consent" law, RCW 46.20.308. Refusing the test is not a way to avoid consequences:

• First refusal: the Department of Licensing will revoke your license for a minimum of one year, separate from and in addition to any criminal DUI penalty.
• Second or later refusal (or a first refusal after a prior alcohol-related administrative action) within seven years: revocation of at least two years, or until age 21, whichever is longer.
• Your refusal can be used against you in court — prosecutors may introduce the refusal as evidence at trial, and a refusal typically triggers the same harsher sentencing tier used for high-BAC cases if you're later convicted.

Refusing does not make the case go away; it adds a separate, mandatory license consequence on top of whatever happens in the criminal case.

Administrative License Suspension: the deadline that matters most

This is the single most time-critical fact in this article. After a DUI arrest (or a test failure/refusal), the Washington Department of Licensing starts a civil, administrative process — independent of the criminal court case — to suspend or revoke your license. You will typically be given a temporary paper permit and a Notice of Suspension/Revocation/Denial at the time of arrest.

• You must request a DOL hearing within seven calendar days of your arrest (or of receiving the notice), under RCW 46.20.308. If mailed, the request must be postmarked within that seven-day window. A hearing fee applies unless waived for indigency.
• If you request the hearing on time, the suspension is stayed — you keep driving privileges — until a hearing examiner decides your case.
• If you miss the seven-day deadline, the suspension takes effect automatically, usually about 30 days after the arrest, with no further opportunity to contest it administratively.
• The hearing is run by the Washington State Department of Licensing, not a court, and it is entirely separate from your criminal DUI case — you can win or lose each independently.

Request the DOL hearing form (available at dol.wa.gov) the same day as your arrest if at all possible. Waiting even a few days can eat into a seven-day window that includes weekends and holidays.

First-offense penalties

Washington sets first-offense DUI penalties (no prior alcohol-related offense within seven years) on a two-tier grid based on BAC, under RCW 46.61.5055. These are the statutory patterns — always confirm current minimums with the court or a Washington defense attorney, since amounts and thresholds are periodically updated by the legislature:

• BAC under 0.15%: license suspension around 90 days (or an alternative "24/7" sobriety-monitoring program); a jail term in the range of roughly one day up to nearly a year, with options for electronic home monitoring or a sobriety program in place of jail; and a fine with a mandatory statutory minimum plus fees.
• BAC 0.15% or higher, or test refusal: a longer suspension/revocation (roughly one year or more), a higher jail-time floor, and a higher minimum fine than the standard tier.
• Ignition interlock device (IID): Washington requires an IID on every vehicle you operate as a condition of relicensing after essentially any DUI conviction — this is not optional or limited to high-BAC or repeat cases.

Because exact dollar figures, day counts, and program details change and depend on court discretion within the statutory range, do not rely on any single number you read online (including this one) without confirming it against the current RCW text or a Washington DUI defense attorney.

Lookback (washout) period

Washington counts a prior offense toward enhanced sentencing if it falls within seven years of the current offense, under RCW 46.61.5055. A DUI, physical control, or certain related alcohol/drug driving convictions from more than seven years ago generally will not enhance the penalty for a new offense as a "prior," though it can still appear on your driving record.

Felony DUI

A DUI becomes a Class B felony in Washington, under RCW 46.61.502(6), if either:

• The person has three or more prior offenses within the preceding 15 years (as defined in RCW 46.61.5055) — meaning this would be at least a fourth qualifying offense; or
• The person has ever previously been convicted of vehicular homicide or vehicular assault while under the influence (or a comparable out-of-state offense).

Note that the lookback used for the felony trigger (15 years) was extended from a shorter 10-year window effective January 1, 2026, and is longer than the 7-year lookback used for standard sentence enhancement — confirm which lookback applies to your situation, since the law changed recently and future amendments are always possible.

What to do after a DUI arrest in Washington

1. Note the exact date of arrest and read every paper you were given. The 7-day DOL hearing clock starts running immediately, whether or not you understand the paperwork yet.
2. Request a DOL hearing before the 7-day deadline, even if you're still deciding whether to fight the case. You can always withdraw a hearing request later, but you cannot get the deadline back once it passes.
3. Contact a Washington criminal defense attorney promptly. The administrative (DOL) and criminal (court) cases are separate tracks with separate deadlines, and an attorney can typically handle the hearing request for you.
4. Find out your first court date and confirm whether you need to appear or an attorney can appear on your behalf.
5. Do not drive on a suspended or revoked license while your case is pending — that can add new, independent criminal charges.
6. Ask about ignition interlock and any interim/restricted license options so you understand what driving, if any, is available to you while the case is resolved.
7. Keep copies of every document — arrest report, DOL notice, court paperwork — and the dates they were issued.

This article is general legal information about Washington law, not legal advice for your specific situation; consult a licensed Washington attorney or the Washington State Department of Licensing about your case.