Being a Kent auto accident lawyer I monitor the driving statistics and realize that drunk driving is the number one cause of fatal auto accidents in the United States and claims the lives of thousands of people every year and sends millions to the hospital with serious injuries. Because of the high number of deaths new laws are constantly passing through the legislature and it can be difficult to keep up with the ever changing Washington State drunk driving laws. So we have provided an easy explanation into our drunk driving laws.

In Washington State the legal limit for drinking and driving is a Blood Alcohol Content (BAC) of 0.08, meaning, in order to be good to go a driver has to have a BAC of .079 or less. Your Blood Alcohol Content is quite simply the percentage of alcohol per milliliter of blood in your body. The amount of alcohol in your system is measured one of two ways: by a breathalyzer test or by a blood test.

According to Washington State Law a person is guilty of driving under the influence (of drugs or alcohol) if…

  1. The person has a BAC of 0.08 or greater within two hours of driving the vehicle
  2. Is driving while under the influence of drugs or alcohol

The law RCW 46.61.502 goes on to state that if the analysis shows a concentration above 0.0 it may be used as evidence that the person was under the influence of alcohol, meaning, that even if you are below the legal limit you could be charged with a DUI if you were showing signs of intoxication.

So what are the consequences?

DUI charges are considered a gross misdemeanor in Washington State so long as it is not a repeat offense and another crime is not involved (IE vehicular homicide, or vehicular assault). As a gross misdemeanor is an offense that appears on your permanent record and comes with a maximum fine of $1,000 and a maximum prison sentence of 90 days. Specifically 1st time drunk drivers in Washington

  • Serve a Jail Sentence: between 1 day and 1 year, or have 15 days of electronic home monitoring
    • BAC of 0.08-0.14:
      • 24 hours- 1 year
      • or Electronic Home Monitoring of 15 days
    • BAC of .15 or higher:
      • 2 days to 1 year
      • or Electronic Home Monitoring of 30 days
      • Are Issued a Fine
        • BAC of 0.08-0.14
          • Minimum of $865.50 to Maximum $5,000
    • BAC of .15 or higher
      • Minimum of $1,120.50 to Maximum $5,0000
      • License is Suspended
        • BAC of 0.08-0.14
          • 90 days
    • BAC of .15 or higher
      • 1 year
      • Have an ignition interlock device
        • Required for 1 year, add 60 days if passenger under 16 was in the car
        • Alcohol/Drug Education

The consequences increase if the driver is under age of 21, has prior DUI convictions, or has vehicular homicide or vehicular assault convictions while under the influence. If any of these cases exist the case is then classified as a Class C Felony- Maximum penalty of 5 years in prison and a $5,000 fine.