Washington DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §46.61.502
A first DUI in Washington is classified as a gross misdemeanor.
- Jail: 24 hours (or 15 days EHM); mandatory additional 48 hours if BAC ≥ 0.15 minimum to 364 days maximum
- Fine: $350 (mandatory base fine plus over $1,000 in assessments) to $5,000
- License suspension: 90 days (failed test); 1 year (refusal); 1 year (criminal conviction)
- Substance abuse program: substance use disorder evaluation and treatment required
- Community service: court discretion
- Probation: available
Second offense
- Jail: 30 days (or 60 days EHM) within 7 years; 45 days (within 7 years, BAC ≥ 0.15) minimum to 364 days maximum
- Fine: $500 (mandatory) to $5,000
- License suspension: 2 years
Third and subsequent offenses
- Jail/prison: 90 days (3rd within 7 years); 120 days (BAC ≥ 0.15) minimum to 364 days (gross misdemeanor) or up to 5 years (felony) maximum
- Fine: $1,000 (mandatory) to $10,000 (felony)
- License suspension: 3 years; possible permanent revocation
- Felony threshold: four or more DUI offenses, or DUI after prior felony DUI, is a Class B felony
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI | 24 hours (or 15 days EHM); mandatory additional 48 hours if BAC ≥ 0.15–364 days §46.61.502 | $350 (mandatory base fine plus over $1,000 in assessments)–$5,000 §46.61.502 | 90 days (failed test); 1 year (refusal); 1 year (criminal conviction) §46.61.502 | |
| Second DUI | 30 days (or 60 days EHM) within 7 years; 45 days (within 7 years, BAC ≥ 0.15)–364 days §46.61.502 | $500 (mandatory)–$5,000 §46.61.502 | 2 years §46.61.502 | |
| Third DUI | 90 days (3rd within 7 years); 120 days (BAC ≥ 0.15)–364 days (gross misdemeanor) or up to 5 years (felony) §46.61.502 | $1,000 (mandatory)–$10,000 (felony) §46.61.502 | 3 years; possible permanent revocation §46.61.502 |
Lookback period
Washington uses a 7 years (for mandatory minimum sentencing); lifetime for felony threshold Lookback period to determine how prior offenses affect sentencing. Only DUI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors §46.61.5055
- BAC ≥ 0.15 (mandatory additional jail and longer IID)
- Refusal of test
- Prior DUI within 7 years
- Child under 16 in vehicle
- Driving without valid license
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
- 1st offense: 24 hours (or 15 days EHM); mandatory additional 48 hours if BAC ≥ 0.15 to 364 days jail, $350 (mandatory base fine plus over $1,000 in assessments)-$5,000 fine, 90 days (failed test); 1 year (refusal); 1 year (criminal conviction) suspension
- 2nd offense: 30 days (or 60 days EHM) within 7 years; 45 days (within 7 years, BAC ≥ 0.15) to 364 days jail, $500 (mandatory)-$5,000 fine
- 3rd+ offense: 90 days (3rd within 7 years); 120 days (BAC ≥ 0.15) to 364 days (gross misdemeanor) or up to 5 years (felony) jail, $1,000 (mandatory)-$10,000 (felony) fine
- Lookback period: 7 years (for mandatory minimum sentencing); lifetime for felony threshold

