Major changes to Washington DUI laws are coming, including a longer lookback window, new sentencing alternatives, and expanded deferred prosecution.
Key Takeaways:
- Major DUI sentencing reforms in Washington State take effect on January 1, 2026, including a longer 15-year lookback period for prior offenses.
- Meeting eligibility requirements can result in a new deferred prosecution opportunity and sentencing alternatives.
- New requirements for ignition interlock devices and license suspensions may directly affect your ability to drive or reinstate your license.
Driving under the influence (DUI) always carries serious consequences in Washington. And starting 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 State or trying to recover from a previous one, the new rules may directly affect your options, penalties, and driving privileges.
Below is a breakdown of the most important updates to Washington State DUI laws. We look at what they mean for you, and how DUI.org and its partners help you stay informed and compliant.
This informational blog is not to be used as legal advice. Always consult a qualified DUI attorney to assist with any drunk driving charge. If you have immediate questions about a DUI, call a DUI.org specialist at (877) 246-7808.
How Tough Are Washington State DUI Laws?
Every state enforces drunk driving laws, but Washington’s are among the strictest, with mandatory penalties and ignition interlock device (IID) requirements. Under current Washington DUI laws, a first offense can result in:
- Up to 364 days in jail
- License suspension from 90 days to 2 years, depending on blood alcohol concentration (BAC) levels
- Mandatory ignition interlock installation
- SR-22 insurance filing
- Court fines up to $5,000
A 2nd DUI in Washington State triggers harsher sentencing and longer license suspensions, even if the prior offense occurred in another state. The upcoming changes to the state's DUI laws will reshape how courts evaluate prior offenses and impose sentencing.
If you need immediate support to get an ignition interlock installed or secure SR-22 insurance, call one of our DUI.org specialists at (877) 246-7808.
Updates to Washington State DUI Laws for 2026
New legislation, specifically HB 1493, brings five significant changes to Washington State DUI laws. These changes expand monitoring and rehabilitation options, along with longer historical scrutiny of past offenses, known as lookback periods.
1. Alternative to Long Sentence Terms
Washington now applies a version of the Drug Offender Sentencing Alternative (DOSA) in DUI felony cases. If you qualify, the state may sentence you to a treatment-focused program instead of a long prison term. This option is not automatic. You’ll need to meet eligibility criteria and demonstrate your commitment to substance use treatment.
Focus on Rehabilitation and Reducing Recidivism
The goal of this new sentencing track is to break the cycle of repeat DUI offenses, particularly for people with substance use disorders. If this sounds like your situation, DUI.org helps you connect with resources for alcohol treatment and guidance on program eligibility.
How to Know If You Qualify
Not everyone will qualify for this alternative sentence. You may be eligible if:
- You have no current or prior convictions for violent offenses
- The DUI offense did not result in injury to another person
- You agree to intensive supervision and treatment
You'll need to speak with a DUI attorney to learn more about what applies in your case.
2. Potential for Deferred Prosecution
Deferred prosecution in a DUI case is a legal agreement that allows you to avoid a criminal conviction by completing a court-approved treatment or rehabilitation program instead of going through a traditional prosecution. Until now, a person in Washington could only access deferred prosecution once in their lifetime. Starting in 2026, you may be eligible for a second deferred prosecution if you have completed the first and have remained conviction-free.
Probationary License
To participate in deferred prosecution, you’ll likely need to agree to license restrictions, including:
- Ignition interlock use for a set period — an IID is a vehicle breathalyzer device that prohibits you from starting your car if you're over the legal driving limit
- Participation in a state-approved treatment program
- Periodic check-ins or court appearances
If you're not sure how to apply, call (877) 246-7808 to speak with a specialist at DUI.org who can help you find the information you need.
3. Longer Lookback Periods
Washington State DUI law expands the lookback period for prior DUI convictions from 10 years to 15 years. This change affects whether a third DUI offense or subsequent DUI offenses within this period are classified as a misdemeanor or a felony. Essentially, if you have three or more DUI convictions within 15 years, the offense will be treated as a felony, which carries more severe penalties.
How This Impacts Drivers with Prior DUIs
Only drivers facing a felony DUI (three or more DUI-related offenses) will be subject to the longer 15-year lookback period. For ordinary misdemeanors, such as your first or second DUI, the lookback period remains at 7 years. If you have three or more prior offenses within 15 years, then all those priors (even those up to 15 years ago) can escalate your charge to a felony. If you only have one or two priors, the old 7-year rule still applies, and older DUIs beyond that period cannot be used to increase your penalty to a higher misdemeanor.
This change affects thousands of drivers, including those with prior convictions outside Washington.
4. Changes to Ignition Interlock Device (IID) Regulations
Washington requires ignition interlock devices for drivers with DUI convictions. Sometimes drivers can elect to install an IID by participating in deferred prosecution programs. In either case, changes to IID regulations in Washinton’s new law apply to all drivers required to have an interlock.
Washington’s deferred prosecution program lets you avoid a DUI conviction by agreeing to complete a multi-year substance use disorder treatment plan and following other strict conditions. Under state law, you’re required to install and maintain an ignition interlock device (IID) for at least one year as part of the deferred prosecution agreement.
In 2026, updates to IID regulations will:
- Expand the period for required interlock use based on new suspension timelines
- Require drivers to keep the breathalyzer installed during the entire restricted license period
- Add ignition interlock compliance status to the driver’s public record
- Drivers whose licenses were restricted before June 9, 2016, may apply to the Washington Department of Licensing (DOL) to waive the restriction if they are unable to operate an ignition interlock device due to a physical disability.
- The employer exemption for an IID does not apply if you are self-employed unless your vehicle is used exclusively for your job.
Learn more about IID installation, costs, and requirements through Intoxalock’s ignition interlock resources.
Potential for Future Changes to Washington State DUI Laws
Although HB 1493 covers the most immediate updates, lawmakers are continuing to explore more advanced tools for DUI screening.
DUI.org tracks all pending updates and makes it easy to find information that applies to DUI in Washington State, no matter your background or status.
Need Help Navigating the New DUI Laws in Washington?
If you or someone you know is struggling to make sense of the new changes to Washington State DUI laws, you're not alone. DUI.org serves as both your information hub and a one-stop shop to help you navigate requirements, as various states continually update their DUI laws.
Call (877) 246-7808 today to speak with a specialist, or get more information about SR-22 insurance and DUI license suspensions in Washington. We also encourage you to visit Keepr and learn how you can monitor your sobriety anywhere and anytime with a personal breathalyzer.
Frequently Asked Questions Regarding DUI In Washington State
What happens when you get a DUI in Washington State?
You may face jail time, license suspension, ignition interlock installation, fines, alcohol education requirements, and the need to file SR-22 insurance. A first offense typically leads to a 90-day suspension and possible jail time depending on your BAC.
Is a DUI a felony in Washington State?
A DUI is a gross misdemeanor for first and second offenses. However, it becomes a felony if you have three or more prior impaired driving convictions within 15 years under the new 2026 law.
Can you avoid jail time after a second DUI in Washington State?
Possibly. With the right legal defense and access to alternative sentencing options, like DOSA or deferred prosecution, you may reduce or avoid jail time. Each case is different.
Can a DUI be expunged in Washington State?
Generally, no. Washington does not allow DUI convictions to be expunged from your record. They remain visible for both legal and insurance purposes.
Can you get a DUI deferred in Washington State?
Yes, and beginning in 2026, you may be eligible for a second deferred prosecution if you have completed your first and meet certain conditions. This may allow you to avoid a conviction by complying with a strict treatment program.
How long does a DUI stay on your record in Washington State?
Permanently. However, for the purposes of sentencing and license suspension, if you have 3 prior DUI offenses or more, those are counted for 15 years under the new law.
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