State service guide

Washington DUI laws: 7-day hearing deadlines, 30-day temporary licenses, separate arrest and court suspensions, and the current 15-year felony lookback

Washington DUI law works on two separate tracks from the same arrest. The Department of Licensing handles the administrative license action, while the court handles the criminal case, and they run independently. Official Washington sources also make the practical details unusually important: adults are at 0.08 BAC, CDL cases use 0.04, drivers under 21 hit trouble at 0.02, a DUI hearing request must be made within 7 days, the temporary license is usually good for 30 days, and the arrest-based suspension can start before the court case ends.

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Adult threshold Washington uses 0.08 BAC or 5.00 THC nanograms per milliliter within 2 hours for ordinary adult DUI
Hearing deadline You have 7 days after notice to request the DOL DUI hearing, and the fee is $375 unless waived
Arrest suspension timing The arrest-based suspension usually begins 30 days after arrest and can run from 90 days to 2 years
Court suspension timing A court conviction can trigger a separate DOL suspension of 90 days to 4 years, with credit for same-incident time already served

Overview

What this page helps you verify

A useful Washington DUI page should start with the two-track structure and the short hearing deadline instead of flattening everything into one penalty chart. Washington's current DOL and RCW sources show four questions that matter first: which alcohol or THC threshold applies, whether the driver requested the DOL hearing in time, whether the case involves refusal or an actual test result, and whether the person will need an ignition interlock driver license or long-term IID compliance to keep driving legally.

Last reviewed: 2026-05-18. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Usually needed

Documents and information to prepare

  • The arrest paperwork, temporary license, and DOL hearing-request information the officer or DOL provided
  • A completed Request for DUI Hearing form and the $375 hearing fee, or fee-waiver paperwork if you are requesting indigent relief
  • Breath, blood, or refusal paperwork showing whether the case is a tested DUI, an under-21 alcohol or THC case, or a refusal case
  • Court charging or conviction documents if the criminal side has already moved forward
  • Proof of ignition interlock installation, IIL application materials, SR-22 filing, and alcohol or drug assessment or treatment records if you are trying to keep or restore driving privileges

Typical flow

What the process often looks like

  1. Separate the Washington case into its two tracks first: the DOL license case tied to the arrest and the criminal court case tied to the charge.
  2. If you want to contest the arrest-based suspension, request the DOL hearing within 7 days instead of waiting for the court date.
  3. Identify whether the case is an adult DUI, an under-21 alcohol or THC case, a CDL alcohol case, or a refusal, because Washington changes the thresholds and license sanctions depending on that split.
  4. If your license will be suspended or revoked, evaluate the Ignition Interlock Driver License and the longer IID compliance requirements before assuming the case ends when the suspension period ends.

Two separate systems

Washington treats DUI as both a DOL license case and a criminal court case

That split is the most important structural rule to surface first.

  • Washington DOL says DUI has two separate legal tracks, administrative and criminal, that are both triggered by the arrest and run independently.
  • The DOL page says the arrest-based suspension can still happen even if the criminal charge is later reduced, and a court conviction can still suspend the license even if the driver won the DOL hearing.
  • If a driver plans to seek deferred prosecution, Washington says DOL may postpone the administrative side in some cases, but not for refusal cases.

Thresholds and under-21 rules

Washington does not use one flat DUI threshold for every driver

The current official pages distinguish adults, CDL drivers, and drivers under 21.

  • Washington DOL says a driver may be charged with DUI at 0.08 or higher for adults 21 and over, 0.04 or higher for CDL alcohol cases, and 0.02 or higher for minors under 21.
  • RCW 46.61.502 also separately treats 5.00 THC nanograms per milliliter of whole blood within two hours as an adult per se DUI threshold.
  • RCW 46.61.503 creates a separate under-21 offense for at least 0.02 alcohol or any THC concentration above 0.00, so underage cases should not be flattened into the adult 0.08 rule.

Deadlines and administrative sanctions

The Washington license problem starts fast, and the hearing window is short

This is where a generic 'call a lawyer' summary becomes less useful than the actual DOL rules.

  • RCW 46.20.308 and Washington DOL both say the driver has 7 days to request the DUI hearing, and the current hearing page lists a $375 fee unless waived.
  • RCW 46.20.308 says the arrest paperwork acts as a temporary license for 30 days unless the action is stayed by a timely hearing request or another qualifying rule.
  • RCW 46.20.3101 sets a first tested adult incident at 90 days and a second or subsequent tested adult incident within 7 years at 2 years.
  • The same statute sets a first refusal within 7 years at 1 year and later refusal scenarios within 7 years at 2 years, while first under-21 0.02-or-more or THC-above-0.00 incidents are 90 days.

Sentencing, interlock, and repeat cases

Washington keeps first-offense minimums, long IID requirements, and repeat-offense escalation all in play at once

These details matter more than a broad statement that penalties increase.

  • RCW 46.61.5055 sets a first no-prior adult sentence at at least 24 consecutive hours in jail and a fine of at least $350 when the alcohol concentration is under 0.15, and at least 48 consecutive hours plus a fine of at least $500 when the alcohol concentration is 0.15 or higher or the case is a refusal.
  • The same statute requires DUI offenders to comply with Washington's ignition-interlock rules, and DOL's IID page says the IID requirement is at least 1 year for a first offense, 5 years for a second offense, and 10 years for a third or subsequent offense.
  • Washington DOL also says drivers suspended or revoked for a drug- or alcohol-related offense may qualify for an Ignition Interlock Driver License so they can continue driving an interlock-equipped vehicle during the suspension.
  • As of January 1, 2026, RCW 46.61.502 uses three or more prior offenses within 15 years as one of the felony DUI triggers, so older 10-year felony summaries are no longer current.

Accuracy notes

Where people get tripped up

  • Washington DUI content should lead with the separate DOL and court tracks because the state expressly treats them as independent.
  • The hearing deadline is 7 days, not the longer windows users may know from other states, and the temporary license rule is tied to a 30-day period from arrest.
  • Do not flatten Washington's thresholds into one number. Adult 0.08, CDL 0.04, under-21 0.02, and adult THC 5.00 all matter in the current official materials.
  • As of January 1, 2026, Washington's felony DUI trigger in RCW 46.61.502 uses a 15-year prior-offense lookback for the three-or-more-priors pathway, so older 10-year shorthand is outdated.

FAQ

Common questions

  • How long do I have to request a Washington DUI hearing?

    Washington gives you 7 days after the notice to request the DOL DUI hearing. The current DOL hearing page lists a $375 fee unless you qualify for a waiver.

  • Can Washington suspend my license before I am convicted?

    Yes. Washington runs an arrest-based administrative license case through DOL, and the suspension generally begins 30 days after arrest unless it is stayed or overturned.

  • What BAC triggers DUI in Washington?

    For most adults, Washington uses 0.08. DOL also says CDL alcohol cases use 0.04 and under-21 alcohol cases use 0.02.

  • What happens if I refuse the breath or blood test in Washington?

    RCW 46.20.308 warns that refusal can revoke or deny the license for at least 1 year, and RCW 46.20.3101 sets a first refusal within 7 years at 1 year.

  • Can I keep driving during a Washington DUI suspension?

    Possibly. Washington DOL says drivers suspended or revoked for a drug- or alcohol-related offense may be able to get an Ignition Interlock Driver License to drive an interlock-equipped vehicle.

Sources

Official references used for this page

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