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Topic guideUpdated 2026-02-27

Washington DUI Penalties — Fines, Jail & Probation

Common consequences to discuss with counsel.

DUI penalties in Washington escalate significantly with each subsequent offense and with aggravating factors like high BAC §46.61.502. Understanding the penalty structure helps you assess the stakes and make informed decisions.

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

OffenseJail RangeFine RangeLicense Suspension
First DUI24 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 §46.61.50290 days (failed test); 1 year (refusal); 1 year (criminal conviction) §46.61.502
Second DUI30 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 §46.61.5022 years §46.61.502
Third DUI90 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) §46.61.5023 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.

⚠Penalty ranges are statutory minimums and maximums. The actual sentence depends on the facts, the judge, local practice, and the quality of the defense. An experienced DUI attorney can often identify mitigating factors or procedural issues that affect the outcome.
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