Washington DUI Laws: Understanding Penalties, Requirements, and Recovery Steps
Washington State’s DUI laws enforce strict accountability while providing clear pathways to regain your driving independence. The state takes impaired driving seriously, with penalties that increase sharply for repeat violations or high blood alcohol concentration (BAC) levels. As of January 1, 2026, the state is implementing sweeping changes impacting how it handles DUI charges and how drivers can respond. Whether you’re facing your first DUI in Washington or trying to recover from a previous one, the new rules may directly affect your options, penalties, and driving privileges.
Getting Started
Washington’s approach emphasizes safety and compliance and also offers structured options to help you move forward responsibly.
If you’re arrested for a DUI in Washington, you face both criminal proceedings and administrative license suspension processes. Understanding Washington’s DUI laws and procedures will help you navigate the state’s legal process and work toward license reinstatement.
Important Note: While this page provides detailed information, DUI.org does not offer legal advice. Laws can change, so consult a qualified DUI attorney for personalized guidance.
Definitions to Know
DUI (Driving Under the Influence)
Washington’s legal term for operating a motor vehicle while impaired by alcohol, drugs (including prescriptions and over-the-counter medications), or both.
SR-22
A certificate of insurance that satisfies financial responsibility laws, proving you have the minimum required liability insurance coverage after a DUI conviction in Washington.
IID (Ignition Interlock Device)
A breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected on your breath.
Washington State Department of Licensing (DOL)
The Washington State Department of Licensing is the state agency responsible for driver licensing, including administrative license suspensions, IID oversight, and SR-22 monitoring. The DOL handles the administrative side of Washington DUI cases, including license suspensions, ignition interlock driver licenses, and license reinstatement requirements. They maintain driver records and work alongside courts to ensure compliance with all DUI penalties and restrictions.
Steps to Take After DUI Arrest in Washington
- Hire an Attorney
Legal counsel can help navigate both administrative and criminal processes.
- Request an Administrative Hearing
You have 7 days from your arrest to request a hearing with the DOL to contest your administrative license suspension.
- License Suspension
In Washington, your license will be administratively suspended upon arrest if you fail or refuse a chemical test, unless you successfully contest it at a hearing.
- Apply for an Ignition Interlock Driver License (IIL)
If eligible, you can apply for an IIL to drive during your suspension period with an installed ignition interlock device.
- Install an IID
Required for ignition interlock driver licenses (IIL) and mandatory for most DUI convictions.
Explore IIDs - File an SR-22 Form
This proof of financial responsibility may be required for license reinstatement after a DUI suspension in Washington.
- Complete Substance Abuse Evaluation and Treatment
Mandatory alcohol/drug assessment and completion of recommended treatment programs from a Washington state-certified agency.
- Pay Fines and Fees
Court fines vary depending on offense level, plus reinstatement and administrative fees.
- Attend Court Proceedings
Your criminal case will proceed through court independently from the administrative license actions.
- Probation
Probation terms may include regular check-ins and abstaining from alcohol or drugs.
- Avoid Further Violations
Any new DUI or violation of license restrictions can result in extended suspensions and additional penalties.
DUI Laws in Washington
What Are the Legal Driving Alcohol Limits in Washington?
In Washington, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets clear blood alcohol concentration (BAC) limits based on your age and license type. Police often use a breathalyzer to quickly check your breath alcohol concentration (BrAC).
| Driver Category | Illegal BAC |
| 21 and older | 0.08 or higher |
| Commercial Drivers (CDL) | 0.04 or higher |
| Under 21 | 0.02 or higher (zero tolerance) |
Felony vs. Misdemeanor DUI Charges in Washington
Washington classifies most DUIs as gross misdemeanors. However, certain circumstances can elevate a DUI to a felony charge.
Gross Misdemeanor
First and second offenses, and most DUI charges unless aggravating factors are present.
Felony (Class B)
A DUI becomes a felony if you have:
- Three or more prior offenses within 15 years (as of January 1, 2026; previously 10 years)
- Previous conviction for vehicular homicide while under the influence
- Previous conviction for vehicular assault while under the influence
- Prior felony DUI conviction
What Are Drunk Driving Diversion Programs in Washington?
Effective as of January 1, 2026, Washington has created a diversion program for first time felony DUI offenses. If you believe your DUI was caused by a substance use or mental health disorder, you are allowed to ask the court for substance use disorder treatment instead of prison time through Washington’s deferred prosecution program.
Your petition must include an assessment from a certified provider and a promise to cover costs if able. If the court approves, you are required to complete a treatment program, maintain sobriety, and report regularly. Typically, you will need to comply for at least two years and meet all court conditions, or your participation can be revoked. This program is generally available only once per person and requires you to give up certain trial rights.
Consult your DUI attorney for more information.
Refusing a Chemical Test Under Washington DUI Law
Washington operates under implied consent law. When you drive on Washington roads, you automatically consent to chemical testing if arrested for suspected DUI. Refusing a chemical test in Washington results in automatic administrative penalties separate from any criminal charges.
| Refusal Consequence | First Offense | Second or Subsequent Offense |
| License Revocation | 1-year | 2 years or until age 21 (whichever is longer) |
| Additional Penalties | Refusal can be used as evidence in court | Refusal can be used as evidence; longer suspension periods |
DUI Penalties & Consequences
Every state enforces drunk driving laws, but Washington’s are among the strictest, with mandatory penalties and ignition interlock device (IID) requirements.
Penalties for DUI Offenses in Washington
First DUI
Jail Time: 24 hours up to 364 days
Fines: $350 – $5,000
License Suspension: 90 days – 1 year
Ignition Interlock: Required 1 year
Second DUI (Within 7 Years)
Jail Time: 30 days up to 364 days | Plus 60 – 90 days home monitoring
Fines: $500 – $5,000
License Suspension: 2 – 3 years
Ignition Interlock: Required 5 years
Third DUI (Within 7 Years)
Jail Time: 90 days up to 364 days | Plus 120 days home monitoring
Fines: $1,000 – $5,000
License Suspension: 3 – 4 years
Ignition Interlock: Required (10 years)
Fourth+ DUI or Aggravated DUI
Criminal Classification: Class C Felony
Jail Time: Up to 5 years
License Suspension: 4+ years
Ignition Interlock: Required (2+ years)
All DUI Convictions Include
✓ Mandatory ignition interlock device on all vehicles
✓ Substance abuse assessment and treatment
✓ Up to 5 years’ probation
✓ Possible SR-22 insurance filing
✓ Possible victim impact panel attendance
Aggravating Factors That Increase Washington DUI Penalties
In Washington, these aggravating factors can lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements:
- High BAC Level: BAC significantly above the legal limit can increase penalties
- Causing an Accident: Especially one resulting in bodily injury or death (vehicular assault or homicide)
- Multiple Prior Offenses: Three or more prior offenses within 15 years results in felony charges
- Refusal to Submit to Chemical Testing: This adds administrative consequences beyond criminal penalties
Driving Without a Valid License
Driving with a suspended license in Washington is a criminal offense. If caught driving during a DUI-related suspension period, you face additional criminal charges. Additionally, operating a vehicle without a required ignition interlock device installed is a separate criminal offense.
License Suspension
Who Determines if You Can Continue Driving After a DUI
In Washington, both the DOL and the courts have roles in determining driving privileges after a DUI.
Administrative (DOL): The Department of Licensing handles administrative license suspensions that occur automatically upon arrest if you fail or refuse a chemical test. You have 7 days to request a hearing to contest this suspension.
Criminal (Courts): Washington courts impose separate license suspensions as part of criminal sentencing if you’re convicted of DUI.
An administrative suspension occurs regardless of the outcome of your criminal case, while court-ordered suspensions only take effect upon conviction. You don’t lose your license twice, as suspensions may overlap.
You may be eligible for an Ignition Interlock Driver License (IIL) during your suspension period, allowing limited driving privileges with an installed IID.
How Long Will Your License Be Suspended?
Getting your license suspended in Washington means you are no longer allowed to drive a vehicle, unless you obtain an ignition interlock driver license during your suspension period. Here’s how long your regular license may be suspended for a DUI in Washington:
| Offense | Administrative Suspension (Arrest) | Court-Ordered Suspension (Conviction) |
| First Offense | 90 days – 2 years | 90 days – 2 years |
| Repeat Offenses | Up to 2 years | Up to 4 years |
| Test Refusal (First) | 1 year | Varies |
| Test Refusal (Repeat) | 2 years or until age 21 | Varies |
Note: Time served under administrative suspension is credited toward court-ordered suspension.
Steps to Reinstate Your License
- Serve suspension period fully or complete Ignition Interlock Driver License requirements
- Pay reinstatement fees
- Provide proof of insurance via SR-22 form (if required) – must typically maintain for 3 years, though courts may adjust
- Complete required alcohol/drug assessment and treatment programs from a state-certified agency
- Install an ignition interlock device (IID) if required as a condition of reinstatement
- Provide certificate of compliance from your IID vendor showing no violations during the final 180 days (or 4 months for older violations)
- Submit all compliance documentation to the DOL
Restoring Your Driving Privileges
After a DUI arrest or conviction in Washington, you have several pathways to restore limited driving privileges even during your suspension period. Understanding these options can help maintain employment and fulfill essential obligations while complying with legal requirements.
Eligibility for an Ignition Interlock Driver License (IIL)
Washington allows drivers with DUI-related license suspensions to apply for an Ignition Interlock Driver License, which allows driving privileges with an installed IID.
How to Apply for Temporary Restricted Driver’s License
To obtain an IIL in Washington:
- Find a Washington State Patrol-approved IID manufacturer and schedule installation
- Install an approved ignition interlock device on all vehicles you intend to drive
- Have your IID vendor submit proof of installation to the DOL
- Submit SR-22 as proof of insurance coverage, if required
- Complete the required application with the DOL
- Pay applicable fees
- Provide documentation of alcohol/drug assessment if required
Washington Ignition Interlock Device (IID) Program Requirements
Washington law requires an ignition interlock device for DUI offenses, as a mandatory penalty and as a condition of obtaining an IIL during suspension.
The IID must be installed by a state-approved provider certified by the Washington State Patrol, such as Intoxalock.
Key requirements include:
- Installation: IID must be installed in any vehicle you drive
- Breath Sample: Minimum 1.5 liters of breath required to start the vehicle
- Random Retests: The device will request random retests while the vehicle is running. Pull over safely to provide the retest
- Maintenance: Regular calibration and monitoring appointments are required
- Compliance Period: You must complete either 180 days or 4 months (depending on violation date) without violations before receiving a certificate of compliance
- Violations: Failed tests (0.04 BAC or higher), missed retests, or missed maintenance appointments extend your requirement period
- Costs: Installation, monthly monitoring fees, and removal costs are the driver’s responsibility
- Financial Assistance: Some drivers may qualify for state financial assistance
You may request an exemption for employer-owned vehicles not assigned exclusively to you, but you must submit an Employer Declaration form before driving.
Selecting the right ignition interlock provider can make a world of difference.
Washington SR-22 Insurance Requirements
After a DUI in Washington, you may be required to file an SR-22 certificate of financial responsibility through your insurance provider.
This special insurance filing must be maintained continuously, typically for at least 3 years (with court’s discretion). Any lapse in coverage results in automatic suspension of your license.
Your insurance provider can submit your SR-22 certificate through DOL’s online portal or by fax.
Let us help connect you to the right licensed insurance specialist for you.
Substance Abuse Evaluation and Treatment
Washington requires all drivers convicted of a drug and/or alcohol-related offense to undergo an Alcohol/Drug Assessment from a Washington state-certified agency.
The assessment determines:
- Whether you have substance abuse or dependence concerns
- If no concerns exist, you’ll need to complete a one-day class
- If concerns are identified, the agency will recommend appropriate treatment
Your certified counselor will submit treatment progress compliance forms electronically to the DOL. Your record will be updated once the form has been evaluated.
Completion of all assessment and treatment requirements is mandatory for license reinstatement.
Understand what to expect and how to prepare for a substance abuse evaluation.
FAQs About DUIs in Washington
Can you refuse a breathalyzer test in Washington?
You can refuse a breathalyzer test in Washington, but the state’s implied consent law means automatic license suspension for at least one year for a first refusal, and two years for subsequent refusals.
Do you need an attorney for a first-time DUI in Washington?
You may need an attorney for a first-time DUI in Washington State. An attorney may help minimize penalties and navigate both administrative and criminal proceedings.
Will you lose your commercial driver’s license (CDL) after a DUI in Washington?
It is possible to lose your CDL after a DUI in Washington. Commercial drivers face disqualification at a lower BAC threshold (0.04).
Can you get a DUI for prescription medications in Washington?
It is possible to get a DUI for operating a motor vehicle while using prescription medication in Washington. Having a prescription for medication is not a defense against DUI charges. If you’re affected by the medication to the extent it impairs your ability to drive, you can be charged with DUI.
What if my criminal charge is reduced?
Even if the court reduces your DUI charge to reckless driving, negligent driving, or another lesser charge, your administrative suspension from the arrest remains unchanged.
Can I drive an employer’s vehicle without an IID?
You may qualify for an exemption if the vehicle is not assigned exclusively to you for commuting, but you must submit the proper exemption form to the DOL before driving.
Sources
- National College for DUI Defense. (n.d.). Washington DUI laws. https://www.ncdd.com/washington-dui-laws
- Washington State Department of Licensing. (n.d.). DUI (driving under the influence). https://dol.wa.gov/driver-licenses-and-permits/suspended-license/types-driver-license-suspensions/dui-driving-under-influence
- Washington State Department of Licensing. (n.d.). Financial responsibility (SR-22). https://dol.wa.gov/driver-licenses-and-permits/suspended-license/types-driver-license-suspensions/financial-responsibility-sr-22
- Washington State Department of Licensing. (n.d.). Ignition interlock device (IID). https://dol.wa.gov/driver-licenses-and-permits/suspended-license/ignition-interlock-device-iid
- Washington State Legislature. (n.d.). RCW 46.20.720: Ignition interlock device restriction—For whom—Duration—Removal requirements—Credit—Employer exemption—Fee. https://app.leg.wa.gov/rcw/default.aspx?cite=46.20.720
- Washington State Legislature. (n.d.). RCW 46.61.502: Driving under the influence. https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.502
- Washington State Patrol. (n.d.). Ignition interlock. https://wsp.wa.gov/interlock/
Get support.
What is next? We can help you through the process. Give us a little information and we can support you through the next steps.
All fields are required.