Like all states, Washington prohibits driving a vehicle while under the influence (DUI) of drugs or alcohol. This article explains how Washington defines "driving under the influence" as well as the penalties for a first, second, and third DUI conviction.
Washington's DUI laws prohibit any person from driving or being in actual physical control of a vehicle:
In other words, a DUI conviction can be based on BAC, actual impairment, or a failed drug test.
In Washington, you can be convicted of a DUI for driving or being in actual physical control of a vehicle while under the influence. Most everyone knows what "driving" means, but "actual physical control" has a particular legal meaning as it's used in the DUI statutes.
A person is considered to be in physical control of a vehicle if he or she can physically regulate the movement or lack of movement of the vehicle. For example, a person in the driver's seat of a running engine would be in actual physical control under this definition.
As a defense to a DUI charge based on actual physical control, the occupant can argue that the vehicle was parked safely off the road and did not pose a threat or risk to the public. This defense is basically a protection for persons who choose to safely "sleep it off" rather than try to drive home while impaired.
Generally, there are two ways prosecutors can prove a driver was under the influence—with evidence of actual impairment or chemical test results showing a certain concentration of drugs or alcohol in the driver's system.
Under Washington law, any driver whose ability to handle an automobile was lessened by an appreciable degree is considered to be under the influence.
Generally, prosecutors will prove impairment through officer testimony related to outward signs of impairment such as stumbling, slurring, and the odor of alcohol.
Often called a per se DUI, prosecutors can alternatively prove impairment by showing the driver had a BAC of at least .08% or a THC blood concentration of 5 ng/ml or more. A driver with an unlawful BAC or THC concentration does not need to show signs of visible impairment to be convicted of a DUI.
The minimum and maximum penalties for a DUI conviction are set by statute and primarily depend on the driver's number of prior DUI convictions. Washington generally only counts prior offenses that occurred within seven years of the current offense.
Generally, a Washington DUI conviction is considered a gross misdemeanor. The chart below outlines the ranges of jail time and fines for a first, second, and third DUI conviction in Washington.
|
1st Offense |
2nd Offense |
3rd Offense |
Jail Time |
1 to 364 days |
30 to 364 |
90 to 364 days |
Fines |
$350 to $5,000 |
$500 to $5,000 |
$1,000 to $5,000 |
Prior to sentencing, all persons convicted of a DUI offense must complete a substance use disorder assessment. The assessor will evaluate the offender and submit a treatment recommendation to the court. The court can then order the offender to complete a drug and alcohol education course or treatment program.
In addition to the minimum jail term (or a longer jail sentence), the judge will generally order the offender to complete a term of probation. Probation can be up to five years in duration. During this time, the offender must abide by the conditions of probation, which normally includes some form of treatment or substance abuse education. Failure to do so can result in probation revocation and jail time.
Offenders might be able to reduce or eliminate the jail time by participating in the state's 24/7 sobriety program. Participants must use an alcohol-monitoring SCRAM bracelet and are subject to travel restrictions. For first and second offenders, the 24/7 program is an option. The 24/7 sobriety program is mandatory for third offenders.
During probation, all drivers must install and maintain an ignition interlock device (IID) on all operated vehicles. This device attaches to the vehicle's ignition and prevents the vehicle from starting if it detects alcohol on the driver's breath.
The penalties for a DUI conviction are more severe if the offense involved minor passengers, a high BAC level, or chemical test refusal.
If the DUI offender was transporting a passenger under the age of 16, he or she will face:
If the driver refused chemical testing (explained later) or had a BAC of .15% or higher, the minimum penalties for a DUI conviction will be effectively doubled. This type of conviction carries:
An offender who has at least three prior DUI convictions within the last seven years can be charged with a class B felony DUI. A conviction carries up to 10 years in prison and a maximum $20,000 in fines.
Being in actual physical control of a vehicle (as opposed to driving) while under the influence is a class C felony as a fourth offense and carries up to five years in prison and a maximum $10,000 in fines.
Getting caught driving under the influence will typically lead to license-related penalties. These penalties vary depending on the driver's level of impairment, the number of prior DUIs, and the driver's cooperation with testing.
License-related penalties can result from a DUI arrest and/or conviction.
Washington's "implied consent" law requires all drivers lawfully arrested for a DUI to submit to a breath test. Drivers who refuse to comply with a breath test can face certain penalties.
A driver who is arrested for a DUI but refuses to complete a breath test faces license suspension for:
Prosecutors can also use the fact that a driver refused testing in court while trying to prove a DUI charge.
A driver who submits to testing and tests with an unlawful BAC or concentration of THC faces license suspension. The suspension period is 90 days for a first offense and two years if the driver has a prior offense in the last seven years.
All DUI convictions are reported to the Department of Licensing (DOL). The periods of time for revocations and suspension are listed below.
|
1st Offense |
2nd Offense |
3rd Offense |
Suspension Period |
90 days |
Two years |
Three years revoked |
Suspension period if BAC is .15% or more |
One year |
900 days |
Four years revoked |
Drivers who were suspended due to a test failure or refusal will receive credit towards a DUI conviction suspension.
Drivers suspended for a DUI can obtain limited driving privileges by participating in the 24/7 sobriety program. The program requires the use of an IID but allows participants to drive during the suspension period. Offenders generally have to complete a portion of the suspension (two days for a first offense and one year for a second) prior to receiving restricted driving privileges.
After completing the suspension period, drivers who are convicted of a DUI must use an IID for one year. This requirement increases to five years for a second offense and ten years for a third or subsequent DUI conviction.
Drivers who are under the age of 21 are prohibited from driving after consuming alcohol or cannabis. Underage drivers who are caught operating a vehicle with a BAC of .02% or more or any measurable THC concentration can be charged with a misdemeanor. A conviction carries up to 90 days in jail and a maximum $1,000 in fines.
For an underage driver, a test failure will result in a 90-day suspension for a first offense and at least a one-year suspension for a second or subsequent offense.
If you've been arrested for driving while under the influence in Washington, you should get in contact with a qualified DUI attorney in your area. An experienced DUI lawyer can review your case and help you decide on the best course of action.