DUI Laws in Washington State

Washington has strict laws regarding driving under the influence of alcohol, marijuana, or other drugs. Many people assume DUI only applies when someone is actively driving, but Washington law also allows charges in situations where a person is in “actual physical control” of a vehicle while impaired.

There are two primary statutes that govern DUI-related offenses in Washington:

  • RCW 46.61.502 – Driving Under the Influence (DUI)
  • RCW 46.61.504 – Physical Control of a Vehicle While Under the Influence

If you have been arrested under either statute, it is important to speak with an experienced Seattle DUI defense attorney as soon as possible.

Driving Under the Influence (RCW 46.61.502)

Under Washington law, a person can be charged with DUI if they operate a vehicle within the state and:

  • Have a breath or blood alcohol concentration (BAC) of 0.08% or higher (0.02% if under age 21)
  • Have a THC concentration of 5.00 ng/mL or higher
  • Are under the influence of alcohol, marijuana, or any drug
  • Are impaired by a combination of alcohol and drugs

In many cases, impairment determinations are based partly on officer observations, field sobriety tests, and chemical testing procedures.

Most DUI charges are classified as gross misdemeanors. However, DUI can become a felony if the driver has multiple prior DUI-related offenses within the past 10 years or a prior conviction for vehicular assault or vehicular homicide involving impairment.

Physical Control of a Vehicle While Under the Influence (RCW 46.61.504)

Washington also criminalizes being in “actual physical control” of a vehicle while impaired. This means you do not necessarily have to be driving to be charged.

A person may be charged if they are in control of a vehicle and:

  • Have a BAC of 0.08% or higher
  • Have a THC concentration of 5.00 ng/mL or higher
  • Are under the influence of alcohol or drugs
  • Are impaired by a combination of substances

Because “actual physical control” is broadly interpreted, individuals have been arrested while sitting in a parked vehicle with the keys nearby — even if the engine was not running.

The penalties for physical control charges are generally the same as DUI penalties, including license suspension, fines, probation, and potential jail time.

Defending DUI Charges in Seattle

DUI laws are complex, and every case depends on the specific facts. Breath testing procedures, traffic stop legality, field sobriety tests, and chemical analysis protocols can all be challenged.

Attorney Steve Karimi is a former prosecutor who understands how DUI cases are built and how to identify weaknesses in the State's evidence.

If you have been arrested for DUI or physical control in Seattle, call 206-222-3280 for a free consultation. Available 24/7.