DUI Frequently Asked Questions Have a question? We've got answers.

Washington’s DUI Laws are codified mostly under RCW 46.61. However, numerous other statutes and sections of the Washington Administrative Code govern rules and procedures of DUI cases in Washington. Obviously, you benefit greatly from an experienced DUI lawyer who works on these issues daily.

Under Washington law, you don’t just have to have a certain breath/blood test level to be convicted of DUI. In addition, the Washington State DUI statute also allows for DUI conviction if the person is “affected to an appreciable degree.” While this is a very unclear standard, in our practice we have seen cases where individuals were charged with DUI for a breath test as low as .04 because the officer felt they were affected by alcohol to an appreciable degree.

RCW section 46.61 contains many of the sections, but a closer look at the WAC and other case law is required as well.

Adults with a .08 BAC (breath test) or higher are “per se” DUI in WA. As of August 2005, all states have DUI laws that deem “per se intoxicated” any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.

Minors with a .02 BAC (breath test) or higher are “per se” Minor DUI in WA. All states carry “zero tolerance” laws that target drivers under the legal drinking age. In WA, these laws penalize persons under 21 for operating a vehicle with a negligible BAC level of .02 percent.

Yes, a .15 or greater BAC test in Washington is much more severe. If you blow over a .15, the penalities are greatly enhanced.

Refusing the Breath Test (BAC) is grounds for increased penalties, both for a potential license suspension and criminal penalties. A first-time DUI conviction where the person is found to have refused is subject to a one-year license revocation.

Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made “conditions” of the person’s release or conviction for a DUI.

A vehicle ignition interlock breath-testing device measures a vehicle operator’s BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e., BAC level of .02). DUI offenders are required to pay the costs of installation, rental, and maintenance of an ignition interlock device.