duistatelaws.com Washington gives you seven days to ask for a hearing on your license, and it charges $375 to ask. The temporary license the officer hands you lasts thirty days, which makes the deadline easy to misread: the paper in your wallet is still good long after the window to challenge the suspension has closed.
Key takeaways
- Washington’s per se limit is 0.08 within two hours of driving, and there is a separate cannabis line: a THC concentration of 5.00 in the blood.
- The hearing request is due within 7 days of the notice, with a $375 fee that can be waived only for an indigent person.
- A first DUI below 0.15 carries 24 consecutive hours in jail at minimum (or 15 days of home monitoring instead); at 0.15 or above, or after a refusal, 48.
- Priors count for seven years for sentencing and fifteen for the felony, measured from arrest to arrest.
- A reckless or negligent driving conviction that started as a DUI charge, and a deferred prosecution, both count as prior offenses.
- A DUI conviction is on the list of convictions Washington generally will not vacate.
to demand a hearing from Washington State Department of Licensing, counted from the notice you were served. RCW 46.20.308(7). This proceeding is separate from the criminal charge, it is decided by the department rather than by a judge, and nothing about it happens automatically.
The same diagram as a table
| State | Days | Authority |
|---|---|---|
| Colorado | 7 | C.R.S. § 42-2-126(6)(d), (7)(b) |
| Virginia* | 7 | Va. Code § 46.2-391.2(A), (C) |
| Washington | 7 | RCW 46.20.308(7) |
| California | 10 | Cal. Veh. Code § 13558(b) |
| Florida | 10 | Fla. Stat. § 322.2615(1)(b)3. |
| Texas | 15 | Tex. Transp. Code §§ 524.031, 724.041 |
| Arizona | 30 | A.R.S. § 28-1321(F), (G) |
| Georgia | 30 | O.C.G.A. § 40-5-67.1(g)(1) |
| South Carolina | 30 | S.C. Code § 56-5-2951(B)(1) |
| Minnesota* | 60 | Minn. Stat. § 169A.53, subd. 2 |
What RCW 46.61.502 makes a crime
Section 46.61.502 defines driving under the influence four ways: an alcohol concentration of 0.08 or higher within two hours after driving; a THC concentration of 5.00 or higher in the blood within two hours after driving; driving while under the influence of or affected by intoxicating liquor, cannabis or any drug; or driving under their combined influence. The first two are per se — the number is the offense — and the last two need no number at all. (The RCW 46.61.502 page goes through it subsection by subsection, with the penalty schedule in 46.61.5055.)
Two provisions around that definition matter in practice. Subsection (2) says that being entitled to use a drug under Washington law is no defense. And subsection (3) gives the defendant an affirmative defense to the per se charges: that the concentration was caused by drinking, or by cannabis use, after the driving and before the test. The defendant has to prove it, and the court will not hear it unless the prosecution was told before the omnibus or pretrial hearing.
Washington also charges physical control under section 46.61.504 — being in actual physical control of a vehicle while impaired, without proof of driving. Under subsection (5) of section 46.61.502, a DUI is a gross misdemeanor unless the felony provision applies.
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Two ladders, split at 0.15
Section 46.61.5055 sentences every DUI on one of two parallel ladders. Below 0.15, or where there is no test result for a reason other than refusal, the lower ladder applies. At 0.15 or above, or where there is no result because the driver refused, the higher one does. Refusing the test is therefore sentenced like a high reading, not like a missing one.
The same diagram as a table
| Offense | Confinement | Authority |
|---|---|---|
| First, under 0.15 | 24 consecutive hours to 364 days | RCW 46.61.5055(1)(a) |
| First, 0.15+/refusal | 48 consecutive hours to 364 days | RCW 46.61.5055(1)(b) |
| Second within 7 years, under 0.15 | 30 days to 364 days | RCW 46.61.5055(2)(a) |
| Second within 7 years, 0.15+/refusal | 45 days to 364 days | RCW 46.61.5055(2)(b) |
| Third within 7 years, under 0.15 | 90 days to 364 days | RCW 46.61.5055(3)(a) |
| Third within 7 years, 0.15+/refusal | 120 days to 364 days | RCW 46.61.5055(3)(b) |
| Three or more priors in 15 years | set by the felony sentencing provisions | RCW 46.61.502(6) |
| Offense | Level | Confinement | Fine | License | Also required |
|---|---|---|---|---|---|
| First, under 0.15 | Gross misdemeanor RCW 46.61.5055(1)(a) | 24 consecutive hours to 364 days or, in place of the minimum, at least 15 days of electronic home monitoring or a 90-day period of 24/7 sobriety monitoring | $350 to $5,000 RCW 46.61.5055(1)(a) | 90 days, or as little as 2 days with an evaluation and 24/7 sobriety monitoring RCW 46.61.5055(9)(a)(i)(A) | Ignition interlock ordered by the court |
| First, 0.15+/refusal | Gross misdemeanor RCW 46.61.5055(1)(b) | 48 consecutive hours to 364 days or, in place of the minimum, at least 30 days of electronic home monitoring or a 120-day period of 24/7 sobriety monitoring | $500 to $5,000 RCW 46.61.5055(1)(b) | 1 year, or as little as 4 days with an evaluation and 24/7 monitoring; 2 years after a refusal RCW 46.61.5055(9)(a)(ii)(A), (iii)(A) | Ignition interlock ordered by the court |
| Second within 7 years, under 0.15 | Gross misdemeanor RCW 46.61.5055(2)(a) | 30 days to 364 days plus 60 days of electronic home monitoring | $500 to $5,000 RCW 46.61.5055(2)(a) | 2 years, or at least 1 year with an evaluation and 24/7 monitoring RCW 46.61.5055(9)(a)(i)(B) | Expanded substance use disorder assessment |
| Second within 7 years, 0.15+/refusal | Gross misdemeanor RCW 46.61.5055(2)(b) | 45 days to 364 days plus 90 days of electronic home monitoring | $750 to $5,000 RCW 46.61.5055(2)(b) | 900 days; 3 years after a refusal RCW 46.61.5055(9)(a)(ii)(B), (iii)(B) | Expanded substance use disorder assessment |
| Third within 7 years, under 0.15 | Gross misdemeanor RCW 46.61.5055(3)(a) | 90 days to 364 days plus 120 days of electronic home monitoring | $1,000 to $5,000 RCW 46.61.5055(3)(a) | 3 years RCW 46.61.5055(9)(a)(i)(C) | Six months of 24/7 sobriety monitoring where available |
| Third within 7 years, 0.15+/refusal | Gross misdemeanor RCW 46.61.5055(3)(b) | 120 days to 364 days plus 150 days of electronic home monitoring | $1,500 to $5,000 RCW 46.61.5055(3)(b) | 4 years RCW 46.61.5055(9)(a)(ii)(C), (iii)(C) | Six months of 24/7 sobriety monitoring where available |
| Three or more priors in 15 years | Class B felony RCW 46.61.502(6) | set by the felony sentencing provisions punished under chapter 9.94A RCW | set by the felony sentencing provisions RCW 46.61.5055(4) | set by the priors within 7 years, as above RCW 46.61.5055(9)(a) | Also a felony after any prior impaired vehicular homicide or assault |
For a first DUI, section 46.61.5055(1) lets the court order, instead of the 24-hour minimum, at least 15 days of electronic home monitoring or 90 days of 24/7 sobriety program monitoring (30 days or 120 days at 0.15 or above). From the second offense the statute adds electronic home monitoring on top of jail — 60 days with the 30-day minimum, 90 with the 45 — and says the minimums may not be suspended or converted unless the court finds they would pose a substantial risk to the offender’s physical or mental well-being, in writing.
Each rung also carries a floor on the fine that cannot be suspended unless the court finds the offender indigent: $350 on the first lower-ladder offense, rising to $1,500 on the third at 0.15 or above. A passenger under 16 adds, for each such passenger, 24 more hours of jail on a first offense and a fine of $1,000 to $5,000, and extends the interlock period.
Seven days to ask, thirty days of paper
When the test reads 0.08 or more, or the driver refuses, the officer serves notice on behalf of Washington State Department of Licensing under section 46.20.308(5). Part of that notice is a temporary license, valid for thirty days from the arrest or until the suspension is sustained at a hearing, whichever comes first.
The hearing is a separate request with a much shorter clock. Under section 46.20.308(7) the person may, within seven days after the notice has been given, request a formal hearing in writing, and must pay a $375 fee as part of the request; a mailed request must be postmarked within the seven days. The department may waive the fee for an indigent person. The hearing is held in the county of the arrest, or by phone or video at the department’s discretion, within thirty days excluding weekends and holidays.
The hearing is narrow. It asks whether the officer had reasonable grounds to believe the person was driving or in physical control while under the influence, whether there was an arrest, and whether the person refused or tested over the limit. If the suspension is sustained, the person has thirty days to petition the superior court of the county of arrest, and that review is limited to the record of the administrative hearing.
The same diagram as a table
| Step | Criminal case — decided by a court | License case — decided by a state agency |
|---|---|---|
| 1 | Arrest and booking, hour 0 | Notice of suspension served, day 0 |
| 2 | Charge filed by the prosecutor | Deadline to demand a hearing: 7 to 30 days in the eight states on this site that use an agency hearing |
| 3 | First court setting, on a date the court picks | Hearing held if the request was filed — whether the suspension waits for the ruling is set by each state's statute |
| 4 | One or more pretrial settings | Suspension takes effect automatically with no hearing |
| 5 | Trial, plea or dismissal | — |
| Clock | Weeks to months. No filing deadline runs against the driver. | Counted in days from the notice, and fixed by statute. |
| What happened | First time | After a prior administrative action in 7 years | Authority |
|---|---|---|---|
| Test at 0.08 or more | 90 days, unless in a pretrial 24/7 sobriety program | 2 years | RCW 46.20.3101(2) |
| Refused the test | 1 year | 2 years, or to age 21 if longer | RCW 46.20.3101(1) |
The administrative periods under section 46.20.3101 are 90 days after a first test at 0.08 or more, and one year after a first refusal; a second incident within seven years makes either two years. A criminal conviction then brings its own suspension under section 46.61.5055(9), with day-for-day credit for time already served on the administrative one arising from the same incident. Section 46.20.385(1)(b) lets a person apply for an ignition interlock driver’s license at any time — including immediately after receiving the notices.
Seven years, fifteen years, and what counts
Washington uses two windows, and section 46.61.5055(14) defines both the same way: a prior counts if its arrest fell within seven years, or 15 years, before or after the arrest for the current offense. Seven years decides which rung of the misdemeanor ladder you are on. Fifteen years decides the felony: under section 46.61.502(6), a DUI is a class B felony if the person has three or more prior offenses within 15 years, or has ever been convicted of vehicular homicide or vehicular assault while under the influence.
The definition of prior offense is broader than the word suggests. It counts DUI and physical control convictions, but also:
- a conviction for negligent driving in the first degree, reckless driving or reckless endangerment, if the charge was originally filed as a DUI, physical control, vehicular homicide or vehicular assault;
- a deferred prosecution granted on a DUI or physical control charge;
- a deferred sentence on one of those reduced charges, if it started as a DUI.
A plea to a lesser charge therefore does not necessarily keep the next case on the first rung. The penalty table above shows what each rung costs.
The interlock follows the conviction, the deferral and the license
Section 46.61.5055(5)(a) requires the court to order anyone convicted of DUI or physical control to comply with the department’s interlock rules, on every vehicle they operate. Section 46.20.720 then restricts the license to interlock-equipped vehicles in several situations — pretrial release, an interlock driver’s license, a deferred prosecution on a DUI charge, and after a conviction — and, unless a court sets another level, the device prevents the vehicle from starting at a breath alcohol concentration of 0.020 or more.
| Situation | Term | Authority |
|---|---|---|
| First restriction | At least 1 year | RCW 46.20.720(3)(c)(i) |
| Previously restricted once | At least 5 years | RCW 46.20.720(3)(c)(ii) |
| Previously restricted twice | At least 10 years | RCW 46.20.720(3)(c)(iii) |
| Each passenger under 16 | 12 more months; 18 at 0.15+, after a refusal, or with three or more priors in 15 years or the other cases in subsection (4) | RCW 46.61.5055(6)(a) |
Deferred prosecution, and the record that stays
Deferred prosecution is Washington’s own route. Under chapter 10.05 RCW a person charged with a misdemeanor or gross misdemeanor in a court of limited jurisdiction may petition to have the prosecution deferred. For a DUI the petition must allege, under oath, that the conduct was caused by a substance use or mental health disorder that needs treatment and will likely recur without it, and it must include an assessment from an approved agency. It has to be filed at least seven days before the trial date, unless the court waives that for good cause. Section 10.05.120 has the court dismiss the charges three years after proof that treatment was completed and conditions were met — but not before five years after the order.
It is not a clean slate. The deferred prosecution itself counts as a prior offense under section 46.61.5055, and section 46.20.720 restricts the license to an interlock while it runs. Section 10.05.010(2) allows a second deferred prosecution for the next DUI only where the person has no other prior offense.
A conviction generally cannot be vacated. Section 9.96.060 lets a person apply to vacate many misdemeanor and gross misdemeanor convictions, and then lists those that may not be vacated. Item (2)(d) names a violation of section 46.61.502, driving under the influence, and 46.61.504, physical control. The only exceptions are the narrow routes in subsection (3), for victims of sex trafficking, sexual assault or domestic violence, or on a prosecutor’s application. For everyone else, a Washington DUI conviction stays on the record.
What a Washington DUI lawyer is actually working with
Seven days, one reading, and a definition of “prior” that reaches further than most people expect.
The seven days is the first job, and the thirty-day temporary license is what makes it easy to miss: the request and the fee have to be in within the week, while the license in the driver’s wallet is still valid for three more. The hearing that request buys is narrow but it is on the record, and the reasons for the stop and the arrest are examined there long before any trial.
The reading decides the ladder. 0.15 is the line between the two sets of minimums, and a refusal is placed above it. The choice between contesting the charge, negotiating a reduction and petitioning for a deferred prosecution then turns on the driving history — and because a reduced charge that started as a DUI, and a deferred prosecution, both count as priors, that history is read from the original charges rather than the final convictions.
Misdemeanor DUI cases are heard in the courts of limited jurisdiction: section 3.66.060 gives the district courts jurisdiction over misdemeanors and gross misdemeanors in their counties, and cities such as Seattle and Tacoma run municipal courts for offenses inside city limits.
Where the case is actually heard
Common questions about Washington DUI law
How long do I have to request a DOL hearing after a Washington DUI arrest?
Seven days after the notice is given, in writing, with a $375 fee, under RCW 46.20.308(7). A mailed request must be postmarked within the seven days. The department may waive the fee for an indigent person. The temporary license you are given is valid for thirty days, but the request deadline is seven.
What is the jail time for a first DUI in Washington?
Under RCW 46.61.5055(1), at least 24 consecutive hours and up to 364 days below 0.15, and at least 48 consecutive hours at 0.15 or above or after a refusal. The court may instead order at least 15 days of electronic home monitoring or 90 days of 24/7 sobriety monitoring (30 or 120 days on the higher ladder).
What is the lookback period for a DUI in Washington?
Seven years for sentencing and 15 years for the felony. RCW 46.61.5055(14) measures both from arrest to arrest: a prior counts if its arrest was within that period before or after the current arrest. Three or more prior offenses within 15 years make a DUI a class B felony under RCW 46.61.502(6).
Does a reckless driving plea count as a prior DUI in Washington?
It can. RCW 46.61.5055's definition of prior offense includes a conviction for negligent driving in the first degree, reckless driving or reckless endangerment if the charge was originally filed as a DUI, physical control, vehicular homicide or vehicular assault.
What is a deferred prosecution in Washington?
A petition under chapter 10.05 RCW, filed at least seven days before trial (the court can waive that for good cause), alleging under oath that the offense was caused by a substance use or mental health disorder needing treatment. Charges are dismissed no earlier than five years after the order, but the deferred prosecution itself counts as a prior offense and requires an interlock.
Can I get a Washington DUI conviction vacated?
Generally not. RCW 9.96.060(2)(d) lists a violation of RCW 46.61.502 (driving under the influence) and 46.61.504 (physical control) among the convictions whose records may not be vacated. The exceptions in subsection (3) are narrow: victims of sex trafficking, sexual assault or domestic violence, or an application by the prosecutor.
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More for Washington
- Seattle and King County — which court hears the case, and what the first weeks look like on the ground
- Tacoma and Pierce County — which court hears the case, and what the first weeks look like on the ground
- Bellevue and King County — which court hears the case, and what the first weeks look like on the ground
- Bellingham and Whatcom County — which court hears the case, and what the first weeks look like on the ground
- What the charge is called in each state — the terminology table, and why searching the wrong acronym returns the wrong penalty
- How long it stays on your record — the three separate records a single arrest creates
- Expungement, sealing and set aside — which of the three, if any, exists in Washington
- Refusing the test — what implied consent costs here against what it buys
- SR-22 insurance after a Washington suspension — what the filing certifies and how long the state holds you to it
- Ignition interlock requirements — when Washington orders the device, for how long, and what driving without it costs
- DUI classes and evaluations — the program attached to the sentence, its deadline, and what not finishing costs
- Are DUI checkpoints legal in Washington? — no checkpoint without “authority of law”, per Mesiani (1988)
- Field sobriety tests in Washington — no aura of scientific certainty, per Baity (2000)
- Device cost and providers in Washington — our sister site, written around the SR-22 filing
Sources
- RCW 46.61.502(1)(a) — read in force 2026
- RCW 46.20.308(7) — read in force 2026
- RCW 46.20.3101 — read in force 2026
- RCW 46.61.5055 — read in force 2026
- RCW 46.20.720(3)(c) — read in force 2026
- RCW 46.20.385(1)(b) — read in force 2026
- RCW 10.05.010, 10.05.120 — read in force 2026
- RCW 10.05.120 — read in force 2026
- RCW 9.96.060(2)(d) — read in force 2026
- RCW 3.66.060 — read in force 2026
Each entry names the section that carries the figure and the document that was actually opened to read it. Where the two differ, the state’s own publication is linked as well. Statutes change; check the linked text before relying on a number from any website, including this one.