What Happens If You Get a DUI in Washington State?

What Laws Govern DUI in Washington?

Washington’s DUI statute is RCW 46.61.502. Under that law, you can be charged with a DUI if you drive or are in actual physical control of a vehicle while your blood alcohol concentration (BAC) is 0.08 or higher, while your THC concentration meets the statutory threshold, or while you are impaired by alcohol, marijuana, or any drug — even a prescription medication — to a degree that affects your ability to drive safely.

Law enforcement in Spokane and across Eastern Washington uses breath tests (typically the Draeger instrument at the jail), field sobriety tests, and in some cases blood draws to establish impairment. Refusing to provide a breath or blood sample carries its own separate consequences under Washington’s implied consent law and will result in a longer license revocation than a test showing a BAC over the limit.

What Are the Immediate Steps After a DUI Arrest?

The night of your arrest, you will be booked and typically held until you are sober enough to be released. You may be given a temporary paper driver’s license and a form that starts the clock on your administrative license hearing. That deadline matters more than most people realize.

You have seven days from the date of your arrest to request a hearing with the Washington Department of Licensing (DOL) to contest the suspension of your license. Miss that window and your license will be automatically suspended — no matter what happens in the criminal case. This is one of the first things our attorneys address when someone calls us after a DUI arrest in Spokane.

What Criminal Penalties Can You Face?

Washington law sets mandatory minimum penalties for DUI convictions, and they are not optional — judges cannot waive them. The actual penalties depend on your BAC at the time of arrest, your prior DUI history within the past ten years, and other aggravating factors.

First Offense DUI (No Prior Offenses)

• Mandatory minimum of 24 consecutive hours in jail (or 15 days of electronic home monitoring as an alternative in some cases)
• Fines that, with assessments and court costs, routinely reach several thousand dollars
• Mandatory ignition interlock device on any vehicle you drive for a minimum period set by statute
• License suspension through the DOL
• Alcohol/drug assessment and treatment if ordered

First Offense With a High BAC (0.15 or Above)

Washington treats a BAC of 0.15 or higher as an aggravated first offense. The mandatory minimums jump — more jail time, longer ignition interlock, and longer license suspension. In our experience, prosecutors in Spokane County treat high-BAC cases more aggressively from the start, which affects plea negotiations.

Second and Subsequent Offenses

A second DUI within ten years is a significantly more serious matter. Mandatory minimums increase substantially, and you face the possibility of a felony DUI charge if you have three or more prior offenses within ten years or have a prior vehicular homicide or vehicular assault conviction. Felony DUI is charged as a Class B felony in Washington and carries potential prison time.

DUI With a Minor Passenger

If a passenger under 16 years old was in the vehicle, you face an additional charge of Reckless Endangerment of Roadway Workers — or, more commonly, an aggravated DUI enhancement that increases the mandatory penalties on top of the underlying DUI.

What Happens to Your Driver’s License?

There are two separate license actions to understand:

• DOL Administrative Suspension: Triggered automatically unless you request a hearing within seven days. This is civil, not criminal, but it runs independently of your court case.
• Court-Ordered Revocation: If you are convicted in court, the judge must report that to the DOL, which triggers a separate revocation period under RCW 46.20.

These two actions can overlap or run consecutively, meaning your total period without a valid license can be longer than either action standing alone. An ignition interlock license may allow you to drive during the suspension period if you install an approved device and meet DOL requirements.

How Does a DUI Case Move Through Spokane Courts?

Most first-offense DUIs in Spokane are filed in Spokane Municipal Court or Spokane County District Court, depending on where the arrest occurred. Felony DUIs go to Spokane County Superior Court. The process typically includes arraignment, pre-trial hearings, and either a negotiated resolution or trial. Cases rarely resolve at the first court date — in our experience, most Spokane DUI cases take several months from arrest to resolution.

Early in the case, a defense attorney will review the stop itself (was it lawful?), the administration of field sobriety tests, the calibration and maintenance records of the breath test instrument, and whether your constitutional rights were respected throughout the process. Issues with any of these can affect the strength of the case against you. For a detailed look at what to expect if this is your first arrest, read our post on being charged with a first DUI in Spokane.

Can a DUI Charge Be Reduced or Dismissed?

Sometimes, yes — but there are no guarantees, and it depends entirely on the specific facts of your case. Prosecutors in Spokane do occasionally amend DUI charges to lesser offenses like Negligent Driving in the First Degree when the evidence has weaknesses. Charges can also be dismissed if constitutional violations occurred during the stop or arrest. This is why the quality of your legal representation matters from day one.

What Should You Do Right Now?

The seven-day DOL hearing deadline and the complexity of the criminal process mean that waiting is one of the most costly mistakes you can make after a DUI arrest. An attorney can request your DOL hearing, begin gathering evidence, and start building your defense while the facts are still fresh.

Our team at Schwab Law, P.L.L.C. handles DUI defense in Spokane and throughout Eastern Washington. We know the local courts, the prosecutors, and how these cases actually play out — and we are ready to talk through your situation honestly. Call us at (509) 795-1894.

This article is general information about Washington DUI law and is not legal advice for your specific situation. Contact an attorney to discuss the facts of your case.

Key takeaways

• You have only seven days from your DUI arrest to request a DOL hearing — missing this deadline means an automatic license suspension.
• A first-offense DUI in Washington carries mandatory minimums: jail time, fines, ignition interlock, and a license suspension that a judge cannot waive.
• A BAC of 0.15 or higher triggers aggravated penalties; three or more priors within ten years can result in a felony DUI charge.
• Two separate processes run at once — the criminal court case and the DOL administrative license action — and both require attention.
• Weaknesses in the traffic stop, field sobriety tests, or breath test procedure can affect the outcome of your case.

Frequently asked questions

Helpful resources

• RCW 46.61.502 — Washington DUI Statute
• Washington Department of Licensing — DUI Information
• Spokane County Superior Court
• Washington Courts — courts.wa.gov

By Jason Chenette Jr., Criminal Defense Attorney · July 8, 2026 · Reviewed by the attorneys at Schwab Law, P.L.L.C.