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Close-up of a police car's roof lights with the blue light lit against a blurred background, for Washington DUI law information at Availia Behavioral Health.

Got a DUI?

Washington DUI Laws, Simply Put. Last reviewed November 12th, 2026.

This is general information, not legal advice.

1. I just got a DUI. What happens now?

  • Most first DUIs are gross misdemeanors, not felonies.

  • Your court or attorney will usually ask for a DUI assessment.

2. What is the legal limit for alcohol?

  • 21 and older: 0.08% Blood Alcohol Concentration (BAC)

  • Under 21: 0.02% BAC

  • Driving a commercial vehicle: 0.04% BAC

3. Did the limit change to 0.05?

  • No. The limit is still 0.08.

  • Lawmakers may try again in 2027. We’ll update this page if it changes.

4. What is the legal limit for cannabis?

  • 21 and older: 5.00 nanograms of THC per milliliter of blood (ng/mL)

  • Under 21: more than 0.00 ng/mL THC

  • Driving a commercial vehicle: any measurable amount of THC takes you off the road for 24 hours.

  • You can be charged at any THC level if cannabis affects your driving.

  • Cannabis is tested by blood, not breath.

5. What if you have a Commercial Driver License?

  • A DUI in any vehicle, including your personal car off the clock, costs you your CDL for 1 year.
    Off the clock, the limits are the regular ones: 0.08% BAC (0.02% if under 21), or 5.00 ng/mL THC (more than 0.00 ng/mL if under 21).

  • In a commercial vehicle: 0.04% BAC, or any measurable amount of THC, costs you your CDL for 1 year.

  • Any alcohol or THC while driving a commercial vehicle: you’re off the road for 24 hours.

  • Refusing a breath or blood test in any vehicle: you lose your CDL for 1 year.

  • Hauling hazardous materials: 3 years instead of 1.

  • A second offense of any of these: you lose your CDL for life.

  • Deferred prosecution still counts as a DUI for your CDL.

  • To get your CDL back after 1 year, you must retake the CDL knowledge and driving tests.

  • A failed or refused DOT drug or alcohol test at work puts you in “prohibited” status. Your CDL is downgraded until you finish the return-to-duty process with a Substance Abuse Professional (SAP).

  • A DUI assessment is not the same as a SAP evaluation. The SAP evaluation is only for drivers and other workers in DOT safety-sensitive jobs who failed or refused a DOT test.

6. Can a DUI be a felony?

  • Yes. A DUI is a felony when the driver has:

    • 3 or more prior DUI offenses within 15 years (this was 10 years before January 1, 2026)

    • Any prior conviction for:

      • Felony DUI or felony physical control

      • Vehicular assault while impaired

      • Vehicular homicide while impaired

      • A comparable offense in another state

7. What services do courts usually require for a DUI?

8. What is Deferred Prosecution?

  • Deferred Prosecution is a 2-year, court-supervised treatment program that can lead to a DUI charge being dismissed.

9. Before you book

  • Confirm which service your court, attorney, or probation officer requires.

  • Confirm whether your court requires in-person attendance.

10. Learn more

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