Legal Alcohol Limit in Washington State: BAC Rules and DUI Penalties

The legal alcohol limit in Washington State is a blood alcohol concentration of 0.08% for most drivers aged 21 and over. Hit that number within two hours of driving and you can be charged with DUI under RCW 46.61.502, whether or not you seemed impaired. Commercial drivers are held to 0.04%, and drivers under 21 to just 0.02%. A conviction brings mandatory jail, fines starting at several hundred dollars, license suspension, an ignition interlock requirement, and five years of probation.

The 0.08% Per Se Rule

Washington’s DUI statute is what lawyers call a “per se” law. If your BAC reaches 0.08% or higher within two hours of driving, the number itself is the offense. Prosecutors don’t have to show you were weaving, slurring, or failing field sobriety tests. The reading is enough.¹

The same statute also covers cannabis at 5.00 nanograms of THC per milliliter of whole blood, along with impairment by any other drug or a combination of alcohol and drugs.¹ Even a BAC under 0.08% can support a charge if an officer concludes you’re impaired by any substance.

Lower Limits for Commercial Drivers and Anyone Under 21

If you hold a commercial license, the limit is 0.04%. A first violation at that level disqualifies your CDL for at least one year, or three years if you were hauling hazardous materials.² Any detectable amount of alcohol or THC in a commercial driver’s system, even under 0.04%, triggers a 24-hour out-of-service order.³

Drivers under 21 face a zero-tolerance threshold of 0.02%. A reading between 0.02% and 0.079% brings a minor DUI charge with its own penalty scheme.⁴ At 0.08% or higher, an underage driver is prosecuted like any adult.

You Don’t Have to Be Moving

Being in “actual physical control” of a vehicle at 0.08% or higher carries essentially the same penalties as driving under the influence. Sitting in the driver’s seat with the engine running while intoxicated, even in a parked car, is enough.⁵

There is one narrow defense: if you moved the vehicle safely off the roadway before an officer arrived, you cannot be convicted under the physical control statute.⁵ Pulling into a parking lot with the engine still running and keys in the ignition does not always qualify. People who think they’re being responsible by not driving sometimes find that out at the arrest.

Implied Consent and the Cost of Refusing

By driving in Washington, you’ve already consented to a breath or blood test after a DUI arrest under RCW 46.20.308.⁶ That consent covers post-arrest testing, not the roadside preliminary screening.

Refusal is its own penalty. A first refusal triggers an automatic license revocation of at least one year, separate from any criminal case. The revocation grows longer with each subsequent refusal, and the refusal itself can be introduced against you at trial as evidence that you expected to fail.⁶

Two Separate License Suspensions

A DUI in Washington sets off two independent license actions on different timelines. Missing this distinction is one of the most common mistakes people make after an arrest.

The Administrative Suspension

The Department of Licensing suspends your license based on the arrest and test results alone, even if criminal charges are never filed. This suspension starts 30 days after the arrest.⁷

You can contest it, but the window is tight. Your hearing request must be postmarked within seven days of the arrest date and include a non-refundable $375 fee.⁸ Miss it and you’ve waived the right to a hearing.

The Conviction-Based Suspension

A criminal DUI conviction brings a second suspension, beginning 45 days after the DOL receives the conviction record. The length runs from 90 days to four years depending on your BAC and prior offenses.⁷ Time already served under the administrative suspension credits toward it. You can’t contest this one, only ask the DOL to verify the court records.

First-Offense Penalties

With no prior DUI-type offenses in the previous seven years, a first DUI is a gross misdemeanor. The severity splits at 0.15% BAC.

Below 0.15% BAC, the minimums are 24 consecutive hours in jail (the court can substitute 15 days of electronic home monitoring or 90 days in a 24/7 sobriety program), a fine between $350 and $5,000 with at least $350 non-suspendable, and a 90-day license suspension.

At 0.15% or higher, or after a test refusal, the minimums rise to 48 consecutive hours in jail (or 30 days of electronic home monitoring, or 120 days of 24/7 sobriety monitoring), a fine of $500 to $5,000 with at least $500 non-suspendable, and a license suspension of one to two years.

Either tier requires an ignition interlock device on every vehicle you drive for at least one year and five years of court-supervised probation.⁹¹⁰ A substance abuse evaluation is mandatory, and treatment or alcohol education may follow.¹¹ Court assessments and fees typically push the practical minimum cost past $900 before you factor in anything else.

Repeat Offenses and Felony DUI

Washington uses a seven-year lookback for misdemeanor sentencing enhancements and, as of January 1, 2026, a 15-year lookback for felony elevation.

A second DUI within seven years with a BAC under 0.15% carries a minimum of 30 days in jail plus 60 days of electronic home monitoring, and a fine of at least $500. At 0.15% or higher, the minimum rises to 45 days in jail plus 90 days of electronic home monitoring, with a fine of at least $750.⁹ These jail and monitoring terms cannot be suspended unless the court finds serving them would create a substantial risk to your physical or mental health.

A DUI becomes a class B felony if you have three or more prior offenses within 15 years, or any prior conviction for vehicular homicide or vehicular assault involving alcohol or drugs.¹ The expanded 15-year window, up from 10, means older convictions that would previously have aged out can now trigger felony charges.¹² Felony sentencing follows Washington’s Sentencing Reform Act, with prison terms well beyond the misdemeanor cap.

Extra Penalties With a Child in the Vehicle

Beginning January 1, 2026, a DUI conviction with a passenger under 16 in the car brings mandatory add-ons for each child present, stacked on top of the standard sentence:¹³

No prior offenses: an additional 24 consecutive hours of jail and $1,000 to $5,000 per child, with the first $1,000 non-suspendable.
One prior offense: an additional 5 consecutive days of jail and $2,000 to $5,000 per child.
Two prior offenses: an additional 10 consecutive days of jail and $3,000 to $10,000 per child.

Each tier also extends the ignition interlock requirement by 12 or 18 months per child. Officers must notify child protective services when a parent or guardian is arrested for an alcohol- or drug-related driving offense with a child in the vehicle.

Getting Your License Back

Restoring your full driving privileges is a process, not a moment.

The Ignition Interlock License

During a suspension you can apply for an Ignition Interlock License, which lets you drive vehicles fitted with an interlock device while your regular license remains suspended. Eligibility requires Washington residence, a valid or reissued license, installation of the device, SR-22 insurance, and a $100 application fee.⁷ Applying for one waives your right to an administrative hearing, so time the decision carefully.

SR-22 Insurance

You’ll need SR-22 proof of financial responsibility for three years from the date you become eligible to reinstate.¹⁴ The SR-22 itself is not insurance; it’s a certificate your insurer files with the DOL confirming you carry the state minimum liability coverage. Premiums typically rise sharply while the requirement is active.

The Real Cost

The statutory fine is a fraction of the total. An ignition interlock runs roughly $70 to $150 to install and $60 to $90 per month for rental and calibration. SR-22 surcharges last three years. The substance abuse evaluation generally costs $100 to $350, with treatment on top if ordered. Add the $375 hearing fee if you contest, plus lost wages from jail time and court dates. A first offense routinely runs into the thousands.

Probation for Five Years

The five-year probation attached to every DUI conviction comes with hard conditions. During that period you cannot drive without a valid license, drive without SR-22 coverage, drive at 0.08% or higher, refuse a breath or blood test, or drive without a required ignition interlock.⁹ Any violation triggers a minimum of 30 additional days of confinement that cannot be suspended or deferred.

What Actually Determines Your BAC

BAC is measured by breath or blood. How fast you reach 0.08% depends on body weight, biological sex, metabolism, how much food is in your stomach, and how quickly you’re drinking. A 140-pound person drinking on an empty stomach reaches 0.08% far sooner than a 200-pound person having the same drinks over a meal. No rule of thumb reliably predicts the count, because individual variation is too large. If you’re driving, the only number that guarantees you’re under the limit is zero.

1
Washington State Legislature. Washington Code 46.61.502 – Driving Under the Influence
2
Washington State Legislature. Washington Code 46.25.090 – Disqualification Grounds For, Period Of, Records
3
Washington State Legislature. Washington Code 46.25.110 – Driving With Alcohol or THC in System
4
Washington State Legislature. Washington Code 46.61.503 – Driver Under Twenty-One Consuming Alcohol or Cannabis Penalties
5
Washington State Legislature. Washington Code 46.61.504 – Physical Control of Vehicle While Under the Influence
6
Washington State Legislature. Washington Code 46.20.308 – Implied Consent Test Refusal Procedures
7
Washington State Department of Licensing. DUI (Driving Under the Influence)
8
Washington State Department of Licensing. Request for DUI Hearing
9
Washington State Legislature. Washington Code 46.61.5055 – Penalties for Driving While Under the Influence
10
Washington State Legislature. Washington Code 46.20.720 – Ignition Interlock Device Restriction For Whom
11
Washington State Legislature. Washington Code 246-341-0820 – Driving Under the Influence DUI Substance Use Disorder Assessment Services
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Washington State Legislature. Washington Code 46.61.5055 – Alcohol and Drug Violators Penalty Schedule
13
Washington State Legislature. Washington Code 46.61.5055 – Alcohol and Drug Violators Penalty Schedule
14
Washington State Department of Licensing. Financial Responsibility (SR-22)