Washington State dash cam laws allow drivers to use dash cameras, but two rules decide whether yours is legal: it cannot obstruct your view through the windshield, and it cannot record audio of people in the car without their consent. The video side is simple. The audio side is where drivers get into criminal trouble without realizing it, because Washington requires every party to a private conversation to agree before you record.
Where You Can Mount a Dash Cam
Washington’s windshield statute doesn’t mention dash cameras. RCW 46.37.410 prohibits driving with any “sign, poster, or other nontransparent material” on the windshield, side wings, or side or rear windows that obstructs the driver’s clear view of the road.1Washington State Legislature. Washington Code 46.37.410 – Windshields Required, Exception, Must Be Unobstructed A dash cam can fall under “other nontransparent material” if it blocks your sightline, so the practical question is whether the camera obstructs your view.
The safest spots are directly behind the rearview mirror, where the mirror already sits in your field of vision, or on top of the dashboard. Both let the camera record without creating a new blind spot. Avoid the center or lower windshield, where a camera can block your view of the road, signals, or pedestrians. An officer who decides the camera impairs your visibility can issue a traffic infraction.
If your car has advanced driver-assistance features like lane-departure warnings or adaptive cruise control, the sensors for those systems usually sit behind the windshield near the rearview mirror. Offset the dash cam slightly toward the passenger side so it doesn’t interfere with the sensor housing.
Audio Recording and the All-Party Consent Rule
This is where most dash cam users break the law without knowing it. Many cameras record audio by default, and Washington treats unauthorized audio recording far more seriously than video. RCW 9.73.030 makes it unlawful to record any private conversation without first getting the consent of every person involved.2Washington State Legislature. Washington Code 9.73.030 – Intercepting, Recording, or Divulging Private Communications A closed vehicle with the windows up is exactly the kind of setting where people reasonably expect privacy.
Drive alone and narrate what you see, and there’s no consent issue, because there’s no other party to the conversation. The problem starts with passengers. Any time someone in your car speaks, the dash cam’s microphone is potentially capturing a private conversation, and if those passengers haven’t agreed to be recorded, you’re violating the statute.
How to Get Consent
The statute spells out the simplest method: announce, in any reasonably effective way, that you’re about to record, and make sure the announcement itself is captured on the recording.2Washington State Legislature. Washington Code 9.73.030 – Intercepting, Recording, or Divulging Private Communications In practice, say something like “Just so you know, my dash cam records audio” before any conversation starts, and let the camera pick up that statement. A visible sticker in the car reading “Audio and video recording in progress” can reinforce the notification, but the recorded verbal announcement is the method the statute specifically describes.
The other option is to turn off audio recording. Most dash cameras let you disable the microphone while keeping video running. If you regularly carry passengers and don’t want to deal with announcements, disabling audio is the cleanest fix.
Narrow Exceptions
Only one party’s consent is needed when the conversation involves an emergency (reporting a fire, crime, or medical situation), threats of extortion, blackmail, or bodily harm, or anonymous or repeated harassing communications.2Washington State Legislature. Washington Code 9.73.030 – Intercepting, Recording, or Divulging Private Communications These exceptions exist for safety. A road rage incident where someone threatens you would likely qualify. A routine conversation with a rideshare passenger would not.
Penalties and the Evidence Problem
Violating RCW 9.73.030 is a gross misdemeanor, which in Washington carries up to 364 days in jail and a fine of up to $5,000.3Washington State Legislature. Washington Code 9.73.080 – Penalties That’s a criminal charge, not a traffic ticket.
The practical hit is often worse. Under RCW 9.73.050, any information obtained in violation of the recording consent law is inadmissible in civil or criminal court, with limited exceptions for certain felony drug or trafficking cases. If your dash cam recorded a crash but also captured a private conversation without consent, a court can throw out the entire recording. The footage you were counting on to prove you weren’t at fault becomes legally useless. Drivers who recorded damaging audio of another driver admitting fault have had that evidence excluded for exactly this reason.
On top of criminal liability and evidence suppression, the person whose conversation was recorded can also sue for civil damages. Getting consent right is the single most important thing a Washington dash cam user has to do.
Recording Police Officers
You have a broad right to record police officers performing their public duties in public spaces. Washington recognizes that people have a reduced expectation of privacy when conducting official government business in areas open to the public, so a dash cam can keep running during a traffic stop and the video raises no legal issues.
Audio is still the complication. A traffic stop on a public road isn’t a private conversation in the way a chat between friends in a closed car is, and officers performing official duties in public generally cannot claim a reasonable expectation of privacy in that setting. If the interaction moves somewhere more personal or less public, the all-party consent rule can reassert itself. The safest approach during any police encounter is to clearly state that your dash cam is recording audio and video. Officers in Washington are used to being recorded by their own body and vehicle cameras, so the announcement rarely causes friction.
Commercial Vehicle Rules
If you drive a commercial motor vehicle, federal rules apply on top of Washington’s windshield law. Under 49 CFR 393.60, the Federal Motor Carrier Safety Administration restricts what can be mounted on a commercial vehicle’s windshield but specifically exempts “vehicle safety technologies,” which include dash cameras.4eCFR. 49 CFR 393.60 – Glazing in Specified Openings These devices must be mounted no more than 8.5 inches below the upper edge of the windshield wiper sweep area, no more than 7 inches above the lower edge, and outside the driver’s sight lines to the road and highway signs.
Standard antennas and non-safety devices face tighter restrictions: they must sit within 6 inches of the upper windshield edge and outside the wiper sweep area entirely.4eCFR. 49 CFR 393.60 – Glazing in Specified Openings
Sharing Dash Cam Footage Online
Recording in public is legal, but publishing that footage is a separate question. Posting a clip of a traffic incident where other drivers’ faces and license plates are clearly visible can raise privacy concerns even when the recording itself was lawful. Washington has no specific statute banning the online publication of dash cam video, but careless sharing of identifiable footage can expose you to claims of invasion of privacy or defamation if the video is presented in a misleading context. Blurring faces and license plates of uninvolved people is a reasonable precaution. Footage submitted to law enforcement or an insurance company as part of a claim doesn’t need that treatment.