If you’ve recently been arrested and charged with a DUI in Washington State, you may be confused and nervous about what comes next. Washington DUI laws outline specific penalties that can vary based on factors like your blood alcohol level (BAC) and any past offenses. Here’s an overview of DUI laws in Washington, including how long your license might be suspended and other penalties you could face.
What is the Legal Limit for Alcohol in Washington State?
The legal limit for alcohol in Washington State is a blood alcohol concentration of 0.08% for drivers over 21 and 0.02% for drivers under 21. The state also has a THC limit for marijuana of five nanograms per milliliter of blood. Driving under the influence of any impairing substance, including alcohol and drugs, can lead to a DUI charge in Washington.
After a DUI Arrest in Washington State
After being arrested for a DUI in Washington State, you’ll face two potential consequences: a criminal case in court and an administrative license suspension from the Washington Department of Licensing (DOL). Each process can result in different penalties affecting your record and driving privileges.
Criminal Case
A criminal case is handled in DUI court and determines the legal penalties for a DUI in Washington State, which can include fines, jail time, license suspension, and other consequences. The penalties you face depend on factors like your blood alcohol concentration (BAC) and any prior DUI offenses. This process involves attending court hearings and potentially a trial, where a judge will review your case and decide on sentencing if you are found guilty or enter a plea.
Administrative License Suspension
Separate from the court case, the Washington Department of Licensing may suspend your driver’s license through an administrative process. This suspension can occur regardless of the criminal case outcome if you either fail or refuse a breath test during the arrest.
How Long Does Your License Get Suspended for DUI in Washington?
The Washington DOL may impose a minimum license suspension for DUI if your BAC is over the legal limit or if you refuse to take a breath test. Suspension lengths vary:
- First offense with BAC over the limit: Minimum suspension of 90 days.
- Refusal to test: Suspension of up to one or two years.
Requesting a DUI Hearing
After arrest, you have only seven days to request a DUI hearing to challenge the license suspension. The fee for this hearing is $375, though a fee waiver may be available if you meet income eligibility guidelines. If the suspension is upheld, it begins 30 days from your arrest date.
License Suspension Timing
If you are convicted of a DUI in WA, the DOL will suspend your license as part of the administrative process, typically beginning 45 days after your conviction. If your license was already suspended following the arrest, that time will count toward your total suspension period.
Washington State DUI Penalties & Requirements
Washington imposes strict penalties for DUI convictions. These vary based on your BAC level and any prior offenses. Below is a summary of penalties for first, second, and third DUI offenses in Washington.
First DUI in Washington State
- Jail Time: 1 to 364 days, or 15 days house arrest as an alternative.
- Fines: $350 to $5,000.
- License Suspension: 90 days, possibly reduced with participation in the 24/7 sobriety program.
- Additional Requirements: Drug and alcohol evaluation, Victim Impact Panel, and possibly a one-year Ignition Interlock Device (IID).
- Higher BAC (over 0.15%): Higher fines and increased jail time or 30 days of house arrest.
Second DUI Offense (Within 7 Years)
- Jail Time: 30 to 364 days, or 4 days in jail followed by 180 days house arrest.
- Fines: $500 to $5,000.
- License Suspension: 2 years (or 1 year with the 24/7 sobriety program).
- Additional Requirements: Drug and alcohol evaluation, Victim Impact Panel, and IID installation.
- Higher BAC (over 0.15%): Higher fines and increased jail time or six months house arrest.
Third DUI in WA (Within 7 Years)
- Jail Time: 90 to 364 days, with electronic home monitoring as an alternative.
- Fines: $1,000 to $5,000.
- License Revocation: 3 years (4 years if BAC is over 0.15%).
- Additional Requirements: Drug and alcohol evaluation, Victim Impact Panel, and IID installation.
- Higher BAC (over 0.15%): Fines up to $10,000 and 150 days of house arrest.
Fourth DUI in WA (Within 10 Years)
A fourth DUI conviction within 10 years is treated and sentenced as a felony according to Washington’s sentencing guidelines.
Ignition Interlock Devices (IID) in Washington
If you are convicted of a DUI in Washington, you will likely be required to install an ignition interlock device in your vehicle. This device prevents your vehicle from starting if alcohol is detected on your breath.
- How it Works: The IID connects to your ignition system, requiring a breath test before starting the vehicle. If alcohol is detected, the car won’t start.
- Program Duration: An interlock device is typically required for one year for a first offense, with longer requirements for repeat offenders or higher BAC levels.
- Restricted Driving Privileges: Having an IID may allow restricted driving during suspension, making it easier to meet essential needs.
DUI.org is Here to Help
Washington DUI laws aim to keep roads safe and encourage responsible driving. If you’re facing a DUI in WA, DUI.org offers the guidance you need. From satisfying IID requirements and finding SR-22 insurance to learning about penalties and license reinstatement, we provide the essential resources to help you navigate the Washington State DUI process.
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