The DUI Stop
RCW 46.61.502 — 0.08 within two hours, the breath test warning, and a year for refusing
In Washington, a person drives under the influence if, within two hours after driving, they have an alcohol concentration of 0.08 or higher or a THC concentration of 5.00 or higher, or while under the influence of or affected by liquor, cannabis or any drug. Being entitled to use a drug is not a defense.
Before the breath test, the officer warns of the right to refuse and what it costs. After an arrest, the officer informs the person of the right to refuse the breath test and the right to additional tests by a qualified person of their choosing, and warns that refusing means the license will be revoked or denied for at least one year and that the refusal may be used in a criminal trial.
| A first offense in seven years | Jail | Fine |
|---|---|---|
| A first offense in seven yearsAlcohol concentration under 0.15, or no test for a reason other than refusal | JailNot less than 24 consecutive hours, up to 364 days | Fine$350 to $5,000 |
| A first offense in seven years0.15 or more, or a refusal to test | JailNot less than 48 consecutive hours, up to 364 days | Fine$500 to $5,000 |
In place of the minimum jail, the court may order electronic home monitoring or a period of 24/7 sobriety program monitoring, in the terms the penalty section sets.
Sources for this section (3)
- RCW 46.61.502 — Driving under the influence
- RCW 46.20.308 — Implied consent; test refusal
- RCW 46.61.5055 — Alcohol and drug violators; penalty schedule
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.