Washington’s DUI Laws and Penalties for a Conviction

Learn about the penalties for a first, second, and third DUI conviction in Washington.

By , Attorney George Mason University Law School
Updated 5/08/2025

The consequences of a DUI conviction in Washington depend mostly on how many prior convictions the driver has. This article covers the basics of Washington's DUI laws and the penalties for a first, second, and third DUI conviction.

Washington's DUI Laws

Washington's DUI laws forbid a person from driving or being in actual physical control of a motor vehicle:

(Wash. Rev. Code §§ 46.61.502, 46.61.504 (2025).)

Driving and Actual Physical Control

Washington has two DUI statutes that have essentially the same penalties. One prohibits driving under the influence of alcohol or drugs, and the other prohibits being in actual physical control of a vehicle while under the influence of drugs or alcohol. (Wash. Rev. Code §§ 46.61.502, 46.61.504 (2025).)

"Actual physical control" of a vehicle requires a person to be in a position to control the mechanics of the vehicle. The vehicle doesn't have to be moving or even running, but the driver can assert a defense to a DUI charge by showing the vehicle was safely pulled off the roadway at the time of the arrest. (Wash. Rev. Code § 46.61.504 (2025); State v. Votava, 66 P.3d 1050 (Wash. 2003).)

What Does "Under the Influence" Mean?

There are two ways to prove a person is "under the influence" of alcohol or drugs.

Per se DUI. A prosecutor can use results from a chemical test to show that a person had a BAC of .08% or more or 5 nanograms or more of THC concentration per milliliter of blood. A DUI based on a specific level of alcohol or drugs in a person's body is called a "per se DUI." Just as alcohol affects different people differently, the volume of alcohol necessary to reach .08% can differ for different people.

Under the influence. A prosecutor can prove a DUI without a breath or blood test by showing that the defendant's ability to handle a vehicle was lessened by "an appreciable degree" from using alcohol or drugs. (State v. Wilhelm, 896 P.2d 105 (Wash. App. 1995).)

The prosecution can use the following types of evidence to prove the offender's ability was lessened by an appreciable degree:

  • erratic driving
  • odor of alcohol on the offender's breath
  • bloodshot eyes
  • the offender's admissions about using drugs or alcohol, and
  • poor performance on field sobriety tests.

In court, the prosecutor will rely on police officers involved in the arrest to testify about the above evidence. Prosecutors also might use bystanders who saw the offender driving poorly or people who saw the offender drinking or using drugs before driving.

First DUI Penalties

For most purposes, a DUI stays on your record and counts as a prior conviction for seven years. If convicted of a DUI, an offender with no priors in the last seven years is guilty of a gross misdemeanor. The penalties are:

  • a fine of $350 to $5,000
  • a license suspension (see below), and
  • 24 hours to 364 days in jail.

Instead of the mandatory day in jail, the offender can serve 15 days on electronic home monitoring or 90 days in the 24/7 sobriety program. (Wash. Rev. Code § 46.61.5055 (2025)

Offenders convicted of a first DUI who had a BAC of at least .15% or refused to submit to a breathalyzer test in violation of the state's implied consent laws face:

  • $500 to $5,000 in fines
  • a license suspension (see below), and
  • 48 hours to 364 days in jail.

Instead of jail, the offender can serve 30 days of electronic home monitoring or 120 days in the 24/7 sobriety program. (Wash. Rev. Code § 46.61.5055 (2025).)

Second DUI Penalties

An offender with one prior DUI in the last seven years who's convicted of a DUI is guilty of a gross misdemeanor and will face:

  • $500 to $5,000 in fines
  • a license suspension (see below), and
  • 30 to 364 days in jail.

The court can alternatively order either 180 days of electronic home monitoring or 120 days in the 24/7 sobriety program. (Wash. Rev. Code § 46.61.5055 (2025).)

Second offenders who unlawfully refused chemical testing or had a BAC of .15% or more will face:

  • $750 to $5,000 in fines
  • 45 to 364 days in jail
  • a license suspension (see below), and
  • 90 days of electronic home monitoring.

The court can alternatively order either 6 months of electronic home monitoring or 120 days in the 24/7 sobriety program. (Wash. Rev. Code § 46.61.5055 (2025).)

A second or subsequent DUI offense can result in the court ordering the driver's vehicle to be seized and sold. (Wash. Rev. Code § 46.61.5058 (2025).)

Third DUI Penalties

An offender who has two prior DUIs in the last seven years and is convicted of DUI will be guilty of a gross misdemeanor and will face:

  • 90 to 364 days in jail
  • 120 days of electronic home monitoring
  • 6 months in the 24/7 sobriety program
  • a license suspension (see below), and
  • $1,000 to $5,000 in fines.

The court can add 360 days of electronic home monitoring or 360 days in the 24/7 sobriety program instead of the minimum sentence of 90 days in jail and 120 days of home monitoring. (Wash. Rev. Code § 46.61.5055 (2025).)

If the third offender refused chemical testing or had a BAC of .15% or more, the court will order:

  • 1,500 to $5,000 in fines
  • 120 to 364 days in jail
  • 150 days of electronic home monitoring
  • a license suspension (see below), and
  • 6 months in the 24/7 sobriety program.

The court can add 360 days of electronic home monitoring or 360 days in the 24/7 sobriety program instead of the minimum sentence of 120 days in jail and 150 days of home monitoring. (Wash. Rev. Code § 46.61.5055 (2025).)

As with a second DUI offense, the court can order that the driver's vehicle be seized and sold. (Wash. Rev. Code § 46.61.5058 (2025).)

Felony DUI Penalties

In Washington, a DUI can be classified as a felony if the driver has at least 3 prior convictions that occurred within the past 10 years (15 years beginning on January 1, 2026) or if the current offense involves serious injuries or deaths. (Wash. Rev. Code §§ 46.61.502, 46.61.504 (2025).)

A Fourth or Subsequent DUI Conviction Is a Felony

When a driver has 3 or more prior convictions that occurred within the past 10 years (15 years beginning on January 1, 2026), the next DUI (fourth or subsequent) will be a felony.

A fourth or subsequent DUI conviction based on driving a vehicle is a class B felony. If the fourth DUI is based on physical control of a vehicle, it's a class C felony. A class B felony carries up to 10 years in prison and a maximum fine of $20,000. Motorists convicted of a class C felony are looking at up to five years in prison and a maximum $10,000 fine. (Wash. Rev. Code §§ 9A.20.021, 46.61.502, 46.61.504 (2025).)

Felony Charges DUIs Involving Injuries and Deaths

A DUI involving serious injury to another person is vehicular assault, a class B felony. Convicted motorists are looking at up to five years in prison and a maximum $10,000 fine. (Wash. Rev. Code §§ 9A.20.021, 46.61.522 (2025).)

Causing the death of another person while driving under the influence is considered "vehicular homicide," a class A felony. A conviction carries up to life in prison and a maximum $50,000 fine. The court also must add two years for each prior DUI to any sentence it imposes. (Wash. Rev. Code §§ 9A.20.021, 46.61.520 (2025).)

Substance Abuse Treatment and Victim Impact Panels

All violators must submit to a drug and alcohol evaluation and follow the recommended treatments and educational classes. The court can also order attendance at a victim's impact panel (VIP). (Wash. Rev. Code §§ 46.61.5055, 46.61.5056, 46.61.5152 (2025).)

Enhancements for DUIs Involving Child Passengers

The court will order additional penalties if the driver was transporting a child younger than 16 years old at the time of the DUI offense.

For each passenger younger than 16, the court will add the following penalties to the offender's sentence:

  • First offense. An additional 24 hours in jail and $1,000 to $5,000 in fines.
  • Second offense. An additional 5 days in jail and $2,000 to $5,000 in fines.
  • Third offense. An additional 10 days in jail and $3,000 to $5,000 in fines.

(Wash. Rev. Code § 46.61.5055 (2025).)

Regardless of the number of prior convictions, the court will add an additional 12 months to any ignition interlock device (IID) requirement for each passenger younger than 16. The IID requirement is increased to 18 months for each passenger if the offense is a felony or the offender had a BAC of .15% or more. (Wash. Rev. Code § 46.61.5055 (2025).)

A DUI will generally lead to license-related penalties. Administrative license suspension can occur for a DUI arrest, even if the driver isn't convicted of a DUI in criminal court.

Suspensions for DUI Convictions

The court reports all DUI convictions to the Washington Department of Licensing. The Department will then suspend the driver's license as follows.

  • First offense. 90-day suspension (2-day minimum if enrolled in 90 days of the 24/7 sobriety program). If the driver's BAC is .15% or more, the suspension will be 1 year (4-day minimum if enrolled in 120 days of the 24/7 sobriety program).
  • Second offense. 2-year suspension (1-year minimum if enrolled in 6 months of the 24/7 sobriety program). If the driver's BAC is .15% or more, the suspension will be 900 days.
  • Third offense. Revoked for 3 years (4-year minimum if the driver's BAC is .15% or more).

(Wash. Rev. Code § 46.61.5055 (2025).)

Again, although a DUI conviction will lead to suspension, a suspension can occur even without a conviction.

Implied Consent Law and Refusal

Drivers in Washington are deemed to have given consent to a test of their breath if arrested for a DUI. (Wash. Rev. Code § 46.20.308 (2025).)

Under Washington's implied consent law, drivers who unlawfully refuse a breath test are subject to license revocation. A driver's license will be revoked for two years on a first offense, three years on a second offense, and four years on a third offense. (Wash. Rev. Code § 46.61.5055 (2025).)

Ignition Interlock Device Requirements

All convictions require installing and maintaining an IID during the probation period. However, with an IID, the driver can apply for an IID-restricted license. This restricted license allows operation during the suspension or revocation period with the IID. (Wash. Rev. Code §§ 46.20.385, 46.61.5055 (2025).)

Probationary Licenses

After reinstatement, the driver's license will be probationary for five years. (Wash. Rev. Code § 46.20.355 (2025).)

Washington's Underage DUI Law

If you're younger than 21 years old, the legal limits for drugs and alcohol are much lower: It's a misdemeanor—an offense called "underage DUI"—for drivers younger than 21 to have a BAC of .02% or more within 2 hours of driving or drive with any concentration of THC in the blood. (Wash. Rev. Code § 46.61.503 (2025).)

An underage DUI is a different crime from a DUI, so it has different penalties. The most jail time you can get for an underage DUI is 90 days. (Drivers who are younger than 18 when convicted will serve any confinement in a juvenile detention facility.) The maximum fine is $1000 and you can receive up to two years of probation (see below). (Wash. Rev. Code § 9.92.030 (2025).)

Getting Help From an Attorney

This article provides the basics of Washington's DUI laws and penalties, but it's no substitute for legal advice. If you've been arrested for driving under the influence, you should get in contact with a qualified DUI attorney who can help you.

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