How much do you have to drink (BAC*) for a DUI in Washington?
|
Under 21 |
.02% |
|
21 or older |
.08% |
|
Commercial |
.04% |
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
What if you refuse to take a chemical test in Washington?
Washington has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Washington’s implied consent law.
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|
1st Offense |
2d Offense |
3rd Offense |
|
Refusal to take test |
1 year license suspension |
1 year license suspension |
1 year license suspension |
What is the minimum jail time?
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|
1st Offense |
2d Offense |
3rd Offense |
|
Minimum Jail |
1 day jail (if BAC is less than .15%); 2 days jail (if BAC is .15% or greater) |
30 days jail (if BAC is less than .15%); 45 days jail (if BAC is .15% or greater) |
90 days jail (if BAC is less than .15%); 120 days jail (if BAC is .15% or greater) |
Lookback Period: 7 years (Period of time that prior DUIs are relevant for sentencing. Also known as a “washout” period.)
Can you plead to a lesser offense than DUI in Washington?
A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Washington, but it's possible a lawyer may be able to create a plea bargain for you.
First Washington DUI Offense
1st Drunk Driving Conviction
- Jail – From 24 Hours to 1 Year, or Electronic Home Monitoring - 15 Days
- Jail – From 2 Days to 1 Year (Blood Alcohol Level .15 or Above) or, Electronic Home Monitoring - 30 Days
- Fine – From $865.50 Minimum to $5,000
- Fine – From $1,120.50 Minimum to $5,000 (Blood Alcohol Level .15 or Above)
- License Suspension – 90 Days
- License Suspension – 1 Year (Blood Alcohol Level .15 or Above)
- Ignition Interlock Device and License Required
- Ignition Interlock Device – Add 60 Days if Passenger under 16 in Vehicle
- Washington SR22 Insurance Required
- Alcohol / Drug Education – Possible
More Information: First Offense DUI in Washington
Important Note from the Editor
We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.
Second Washington DUI Offense
2nd Drunk Driving Conviction
- Jail – From 30 Days to 1 Year, Electronic Home Monitoring – 60 Days Mandatory
- Jail – From 45 Days to 1 Year (Blood Alcohol Level .15 or Above), Electronic Home Monitoring – 90 Days Mandatory
- Fine – From $1,120.50 Minimum to $5,000
- Fine – From $1,545.50 Minimum to $5,000 (Blood Alcohol Level .15 or Above)
- License Suspension – 2 Years
- License Suspension – 900 Days (Blood Alcohol Level .15 or Above)
- Ignition Interlock Device and License Required
- Ignition Interlock Device – Add 60 Days if Passenger under 16 in Vehicle
- Washington SR22 Insurance Required
- Alcohol / Drug Education – Possible
More Information: Second Offense DUI in Washington
Third Washington DUI Offense
3rd Drunk Driving Conviction
- Jail – From 90 Days to 1 Year, Electronic Home Monitoring – 120 Days Mandatory
- Jail – From 120 Days to 1 Year (Blood Alcohol Level .15 or Above), Electronic Home Monitoring – 150 Days Mandatory
- Fine – From $1,970.50 Minimum to $5,000
Fine – From $2,820.50 Minimum to $5,000 (Blood Alcohol Level .15 or Above) - License Suspension – 3 Years
License Suspension – 4 Years (Blood Alcohol Level .15 or Above) - Ignition Interlock Device and License Required
Ignition Interlock Device – Add 60 Days if Passenger under 16 in Vehicle
Washington SR22 Insurance Required
Alcohol / Drug Education - Possible
More Information: Third Offense DUI in Washington
New Washington DUI Laws
Effective January, 2011, Washington has amended its DUI laws requiring mandatory reporting if a child under the age of 13 is in a vehicle driven by an intoxicated parent, legal custodian or guardian. If the arresting officer believes the child will be in imminent harm, the officer is authorized to take the child into emergency custody. Additionally, Washington has extended restricted driving privileges with an ignition interlock license to those convicted for a drug-related DUI offense.
Drinking and Driving Laws in Washington State
Washington Drunk Driving and Wet Reckless Laws - Nolo.com
The State of Washington prohibits the operation of a motor vehicle by a driver that has a .08 percent or higher blood alcohol concentration (BAC). The .08 percent limit is the standard used across the United States for the "impaired" driver. The State of Washington has lower BAC limits defined for commercial drivers (.04) and drivers under the age of 21 (.02). The Washington State DUI law also prohibits the operation of a motor vehicle by a driver that in under the influence of a controlled substance such as marijuana, cocaine, inhalants and other intoxicants.
he first time you are arrested for drunk driving in the State of Washington you will serve a minimum of 24 hours in jail or up to 1 year. The court may allow a minimum 15 day home electronic monitoring program in lieu of jail time paid for at the convicted drivers expense. You will also be fined no less than $865.50 or up to $5,000. Your drivers license will be suspended for a minimum of 90 days and you may receive a restricted license after 30 days if the court allows. You will be ordered to install a ignition interlock device on your vehicle at your own expense.
The second time you are arrested for a DUI in Washington State you will serve a minimum of 30 days or up to 1 year in jail and 60 days of electronic home monitoring. You will also be fined a minimum of $1,120.50 or up to $5,000. You will be ordered to install a ignition interlock device on your vehicle at your own expense.
The 3rd time you are convicted of drunk driving in the State of Washington you will spend a minimum of 90 days in jail and 150 days of electronic home monitoring at the convicted drivers expense. You will also be fined a minimum of $1970.50 or up to $5,000 and your drivers license will be suspended for 3 years. You will be ordered to install a ignition interlock device on your vehicle at your own expense.
2008 Changes in the Washington State DUI Law
On 03/31/08 the Governor signed DUI Law Changes into effect, the following is a summary of those changes. Concerns accountability for persons driving under the influence of intoxicating liquor or drugs, relates to limited use licenses, license suspension and requiring that a person found guilty of certain DUI offenses have a functioning ignition interlock device installed on all motor vehicles operated by the person. To Read the Bill Please CLICK HERE
How many drinks does it take to reach the legal limit in Washington State?
Trying to predict how many drinks it would take you to reach the .08
percent BAC limit with certainty is almost impossible. There are charts
and calculators that can help you estimate how many drinks it would
take to reach the legal limit, however these tools do not consider all
variables that contribute to a BAC score. It is safe to say that each
drink you take brings you that much closer to reaching the .08 BAC
limit and becoming legally impaired.
The best answer is not to drink and drive . The State of Washington State has strict laws for drunk driving, and when you drink and drive in Washington State, you risk your freedom, finances and your future.
Drunk Driving Laws in Washington State
State of Washington State BAC Laws:
All drivers with a BAC of .08 or higher.
Under 21 with a BAC of .02 or higher.
Commercial Vehicle Driver with a BAC of .04 or higher.
The Implied Consent Law in Washington State
The implied consent law in the State of Washington means that when you operate a motor vehicle in the State of Washington you agree to submit to a chemical test of your blood breath or urine if an officer of the law suspects that you are driving under the influence of an intoxicating substance. If you refuse to submit to such a test you will have your drivers license suspended for a minimum of 1 year for the first refusal. Subsequent refusals carry penalties and fines similar or greater than a DUI conviction.
Washington State Patrol DUI Information
More on Drunk Driving Laws, Penalties and Fines in Washington State
Other State of Washington Information on this Website
State of Washington Teen Driving Laws and Insurance Requirements



