Washington DUI/DWI Laws: Penalties, Court Process, and Records

Washington adopts a particularly strict stance on impaired driving. The state's laws come with serious, non-negotiable consequences, including automatic minimum penalties and the immediate suspension of a driver's license by the Department of Licensing. The driver may face felony charges as a repeat offender or where the situation involves aggravating factors.

What Is a DUI in Washington?

You can be charged with a DUI conviction in Washington under RCW 46.61.502 if you are caught operating a vehicle while under the influence of alcohol, drugs, or a combination of the two.

The legal thresholds in Washington are:

• Washington State sets its legal BAC thresholds based on the driver. If you are 21 or older, you break the law at 0.08%. For anyone with a commercial license, that limit is cut in half to 0.04%. And for drivers under 21, the state has a zero-tolerance policy that makes it illegal to drive with a BAC of 0.02% or more.

DUI Penalties in Washington

Washington enforces a 7-year period during which prior DUI convictions are considered. The penalties become more severe depending on the driver's BAC and any previous violations.

• First DUI Offense (Gross Misdemeanor):
  • BAC <0.15%: Jail 1 day (or 15 days electronic home monitoring), fine $350–$5,000, license suspension for 90 days
  • BAC ≥0.15% or test refusal: Jail 2 days (or 30 days electronic monitoring), fine $500–$5,000, license suspension for 1 year (2 years if refusal)
• Second DUI Offense (within 7 years):
  • BAC <0.15%: Jail 30–364 days, fine $500–$5,000, license suspension for 2 years
  • BAC ≥0.15% or refusal: Jail 45–364 days, fine $750–$5,000, license suspension for 2 and a half years (refusal: 900 days)
  • IID 5 years required; plus treatment, probation.
• Third DUI Offense (within 7 years):
  • BAC <0.15%: Jail 90–364 days, fine $1,000–$5,000, license suspension for 3 years
  • BAC ≥0.15% or refusal: Jail 120–364 days, fine $1,500–$5,000, license suspension for 4 years (refusal: 4 years minimum)
  • IID required for 10 years
• Felony DUI:
  • It is a fourth or subsequent DUI/physical control offense within 10 years.
  • The driver has a prior conviction for vehicular homicide, vehicular assault, or a prior felony DUI/physical control.
  • Class B felony
  • Up to 10 years in state prison
  • Up to a $20,000 fine.

DUI Arrest and Court Process in Washington

Washington DUI cases involve both administrative and criminal processes:

1. Traffic Stop and Arrest: Officers have the authority to stop an individual to conduct an alcohol test. Refusing these tests triggers automatic license suspension under Washington’s implied consent law.
2. Booking and Charges: The driver is booked and formally charged with DUII.
3. Administrative License Suspension (ALS): The Department of Licensing suspends a driver’s license based on BAC or test refusal. This suspension can be challenged at a hearing within seven days.
4. Pre-Trial Hearings: Defense can challenge evidence, test methods, or probable cause at hearings in court.
5. Sentencing When convicted of a DUI, a person may face fines, jail, license suspension, the need to install an ignition interlock device, and treatment programs.

How to Search for DUI Records in Washington

DUI records are public in Washington and can be accessed through several agencies:

• Washington Courts Public Access Portal: lets you search DUI cases online by name or case number.
• Washington Department of Licensing (DOL): keeps official driver histories, including DUI records, suspensions, and IID rules. Drivers can request their own records.
• County Clerk of Court Offices: handle certified case records and sentencing paperwork.
• Washington State Patrol (WSP) WATCH Program: provides criminal history background checks statewide for authorized users.
• Third-Party Background Check Services: Provide DUI data, but may not always be accurate.

How Long Does a DUI Stay on Your Record in Washington?

Washington retains DUI convictions for long periods:

• Criminal Record: It is a permanent record. The state does not allow expungement. However, cases that are dismissed or have not-guilty verdicts may be sealed.
• Driving Record: A DUI conviction stays on an individual’s record forever in Washington.
• Insurance and Employment: A DUI conviction can raise insurance rates for 3 to 7 years, and employers and licensing agencies can access this record indefinitely.

Washington has tough DUI laws. If you get caught driving under the influence for the first time, you might face fines and a short stay in jail. But if it is not your first time or your case is more serious, the penalties go up a lot; you could face felony charges and much longer sentences in prison. The state officially calls it DUI, although many folks still say DWI in casual conversation. You can look up DUI records through the courts or the Department of Licensing; while some cases dismissed might be sealed, any convictions will stay on your permanent record. Because DUI charges have serious and lasting consequences, every driver must understand how Washington’s DUI laws work and what they mean.