Minimum DUI Sentence in Washington State: Jail, Interlock, Felony

The minimum DUI sentence in Washington is 24 consecutive hours in jail, a $350 fine, and a 90-day license suspension for a first offense with a blood alcohol concentration below 0.15. Those floors rise with a higher BAC, a test refusal, or prior offenses, and every conviction also brings an ignition interlock requirement, a substance abuse evaluation, and years of expensive follow-on obligations.

First Offense Minimums

A standard DUI is a gross misdemeanor. The mandatory floor depends on your BAC and whether you refused testing.

With a BAC below 0.15, the court must impose at least 24 consecutive hours in jail, a fine of at least $350, and a 90-day license suspension.¹

With a BAC of 0.15 or higher, the jail minimum doubles to 48 consecutive hours, the fine floor climbs to $500, and the license is revoked for one year rather than suspended for 90 days.¹

Refusing a breath or blood test brings the harshest license hit on a first offense: a two-year revocation.¹

Home Monitoring or 24/7 Sobriety in Place of Jail

On a first offense, a judge can swap the mandatory jail time for a longer stretch of supervised sobriety at home. In place of 24 hours of jail (BAC under 0.15), the court can order at least 15 days of electronic home monitoring. In place of 48 hours (BAC 0.15 or higher), the substitute is at least 30 days of monitoring.¹ Monitoring means an ankle bracelet and staying home; some devices also test for alcohol.

A 24/7 sobriety program is another first-offense alternative. It requires twice-daily breath tests or a continuous alcohol monitoring bracelet for 90 days at the lower BAC tier and 120 days at the higher tier.¹ Miss a check-in or fail a test and you get short, immediate jail time.

Second Offense Minimums

Washington uses a seven-year lookback for misdemeanor DUI sentencing. A second DUI inside that window escalates fast.

Below 0.15, the minimum is 30 days in jail plus 60 days of electronic home monitoring, a $500 fine, and a two-year license revocation. At 0.15 or higher, the floor rises to 45 days in jail, 90 days of monitoring, a $750 fine, and a 900-day revocation. A test refusal at the second-offense level triggers a three-year revocation.¹

Jail and monitoring at this level cannot be suspended or reduced unless the court finds the sentence would create a substantial risk to your physical or mental health. Most people serve the full minimum.

Third Offense Minimums

A third DUI within seven years pushes the mandatory minimums close to a year of combined confinement and supervision.

Below 0.15: 90 days in jail, 120 days of electronic home monitoring, a fine of at least $1,000, and a three-year license revocation. At 0.15 or higher: 120 days in jail, 150 days of monitoring, a fine of at least $1,500, and a four-year revocation. A refusal at this level also brings a four-year revocation.¹

When a DUI Becomes a Felony

A fourth DUI within 15 years is a class B felony, sentenced under Washington’s Sentencing Reform Act rather than the misdemeanor penalty table. The same felony classification applies if you have any prior conviction for vehicular homicide or vehicular assault committed under the influence, regardless of how long ago.² Note the different windows: misdemeanor tiers use a seven-year lookback, felony status uses 15 years.¹ A class B felony carries up to 10 years in prison, with the actual sentence set by your criminal history score.

Add-Ons for Child Passengers

If a passenger under 16 was in the vehicle, mandatory penalties stack on top of the standard minimums, per child:

First offense: an extra 24 consecutive hours of jail and a fine of at least $1,000.
Second offense: an extra 5 days of jail and a fine of at least $2,000.
Third offense: an extra 10 days of jail and a fine of at least $3,000.

The interlock requirement also lengthens by 12 months per child at the lower BAC tier and 18 months per child at the higher tier.¹

Ignition Interlock, Evaluation, and SR-22

Every DUI conviction adds three obligations that run long after any jail time is served.

An ignition interlock device must be installed on any vehicle you drive. The device tests your breath before the engine starts and at random points during the drive. The minimum interlock period is one year for a first restriction, five years for a second, and ten years for a third or later.³ You pay installation plus roughly $70 to $125 a month in lease and calibration fees.

A substance abuse evaluation from a state-approved agency is required. If the evaluator finds a substance use disorder, you must complete the recommended treatment; if not, you’ll be sent to an alcohol and drug information school instead.⁴ Completion is a condition of probation and license reinstatement.

To get your license back, you also have to file SR-22 proof of financial responsibility for three years after you become eligible to reinstate, at premiums well above standard auto insurance.⁵ Washington charges a $150 reinstatement fee.

The Probation Trap

Every DUI carries up to five years of probation. Mandatory conditions include keeping a valid license and liability insurance, not driving with a BAC of 0.08 or higher, not refusing a lawful breath or blood test, and keeping the interlock functional. Violating any of these triggers 30 days of jail that the court cannot suspend, plus a 30-day extension of your license suspension.¹

Deferred Prosecution: Avoiding the Minimums

Washington offers one path that can keep a DUI off your record entirely, but it’s a long one. Deferred prosecution pauses the criminal case while you complete a two-year treatment program: total abstinence from alcohol and nonprescribed substances, at least six months of weekly outpatient counseling, monthly check-ins for the rest of the program, and random breath and urine tests.⁶

Complete the program and the charge is dismissed. Violate the conditions and the court can revoke the deferral and enter a conviction with the full minimums. As of 2026, Washington allows deferred prosecution up to twice for DUI charges, with the second use available only if you have no other prior DUI convictions beyond the first deferred prosecution.⁶ Even under a deferral, you still need an interlock for at least one year.⁷

1
Washington State Legislature. Washington Code 46.61.5055 – Alcohol and Drug Violators Penalty Schedule
2
Washington State Legislature. Washington Code 46.61.502 – Driving Under the Influence
3
Washington State Legislature. Washington Code 46.20.720 – Ignition Interlock Device Restriction
4
Legal Information Institute. Washington Administrative Code 246-341-0815 – Substance Use Disorder Counseling for RCW 46.61.5056 Service Standards
5
Washington State Department of Licensing. Financial Responsibility SR-22
6
Washington State Legislature. Washington Code Chapter 10.05 – Deferred Prosecution
7
Washington State Department of Licensing. Ignition Interlock Device