Tougher DUI Laws

Alcohol Limit: .08: A new Washington law lowers the legal blood alcohol level from .10 to .08. Beginning January 1, 1999, drivers with a blood-alcohol concentration (BAC) at .08 or above can be arrested for driving under the influence (DUI) of alcohol. a BAC measures the ratio of alcohol to blood and is measured by a test of a driver's breath or blood.

BAC levels are determined by the number of drinks consumed in an hour, a person's body weight, and gender. Females will reach a higher BAC faster than males because females are generally smaller and have higher rations of body fat to body fluids which makes them about 10 percent more susceptible to the affects of alcohol than males.

In general, a 140-pound woman will reach a .08 BAC after three drinks in an hour and a 170-pound man will reach a .08 BAC after four drinks in an hour.  See chart showing the Blood Alcohol Level Reached in 1 Hour of Drinking and It's Impacts on Driving. During a two-hour time period a 140-pound woman will exceed a .08 BAC after four drinks and a 170-pound man will reach a .08 BAC after five drinks.

There is no safe way to drive after drinking. Research shows that driving skills are affected even at low BAC levels and are impaired for anyone with a .08 BAC. (See chart.) A driver's attention, comprehension, and reaction time are substantially diminished at .08. Specific skills such as lane changing, braking, and accelerating are also significantly affected.

Return to top

Fewer People Drinking and Driving

New Police Powers: New Washington laws give police more power when arresting people charged with DUI. They can suspend driver's licenses, impound vehicles, and pursue drivers across state lines.

Suspend Driver Licenses: A new administrative license suspension law gives authorities the right to suspend their driver's license of any person, even a first-time DUI offender, who fails the BAC breath test. Suspensions range from 90 days for a first-time offender to three years for certain repeat offenders. these administrative sanctions are imposed in addition to any license suspension or revocation period ordered by the court following a DUI conviction. A special license that allows a person with a suspended license to drive to and from work, called an occupational license, will not be granted for the first 30 days of the suspension. The fee for reissuing a revoked or suspended license has been increased from $50 to $150.

Impound Vehicles: A police officer may now impound the vehicle of a driver who is charged with driving with a suspended or revoked driver's license. The vehicle may be impounded for up to 90 days and until all fees and fines are paid. On the basis of economic or personal hardship the vehicle may be released to the spouse of the driver to another owner of the vehicle.

Tougher Sentences: Many of the new laws were designed to make sentences tougher on DUI offenders - especially repeat DUI offenders.

More Jail Time: Judges will add two years of jail time to the sentence of a person convicted of vehicular homicide for each previous DUI conviction on that person's record.

Judges will also consider the presence of passengers when sentencing DUI offenders and will increase penalties for DUI drivers who had passengers of any age in their car when they were arrested.

Permanent Record: A driver's permanent record of his or her DUI convictions will be kept by district courts. The Department of Licensing will keep DUI convictions on record now for 15 years, rather than 10 years, meaning the offender's insurance rates will be adversely affected for an additional five years.

Zero Tolerance for Minors: Violation of the minor in possession of alcohol or drugs law has been increased to a gross misdemeanor. This means that anyone under age 21 who obtains, possesses, or consumes alcohol will now be charged with gross misdemeanor and face a maximum of 365 days in jail and a $5,000 fine. an existing law already revokes the driver's license of anyone under age 21 who drinks and drives.

Return to top

Don't Drink and Drive

Only One Chance: Washington State has changed its law regarding deferred prosecution. If a driver who has been charged with a DUI believes that his or her actions were a result of an addiction to alcohol or drugs, that driver may qualify for a deferred prosecution which puts the DUI charges "on hold." the person will be required to complete a two-year treatment program attend a self-help group, stay drug and alcohol free, and not drive without a valid driver's license and insurance. If he or she complies with the court's requirements, the DUI charge will be dismissed. If the person fails to comply with these requirements, the court will find the person guilty of the DUI charge.

Changes in the deferred prosecution law limit deferred prosecution on a traffic offense to once in a person's lifetime, rather than once every five years, and lengthen the time that a person is required to comply with the court's conditions from two years to five. The new laws also stipulate that a deferred prosecution stays on a person's permanent record.

Return to top

Take a Cab Instead

Beyond Jail Time: Washington's new DUI laws now prescribe ignition interlock and electronic home monitoring as additional sanctions for DUI drivers.

Ignition Interlock: An ignition interlock devise attaches a breath-alcohol analyzer to a vehicle's ignition system. All DUI offenders (except first-time offenders with a BAC below .15) are required to have an ignition interlock device on the cars they drive - even those who receive a deferred prosecution. When the ignition interlock device is installed on a vehicle, the driver is required to blow into the device which reads the person's BAC level. If alcohol is detected, then the engine will not start. After starting the car, the driver is required to take the breath test every ten minutes while operating the vehicle. The device also keeps a record of every breath test result and generates a report that is sent to the courts.

The amount of time a DUI offender is required to have ignition interlock on his or her car varies according to previous offenses and restrictions. The first-time offender with a BAC above .15 will be required to have ignition interlock for one year. A second-time offender, who was previously restricted for one year will be required to have ignition interlock for five years. A third-time offender who was previously restricted for five years will be required to have ignition interlock for no less than ten years.

The offender will be required to pay the cost of the ignition interlock rental which is about $2 a day. A court may waive the requirement for ignition interlock if the device is not reasonably available in the local area.

Return to top

Call a Sober Friend

Electronic Home Monitoring: In most cases, the court will require from 60 to 150 days of electronic home monitoring be added to the minimum sentence of repeat DUI offenders. The number of days required will be determine by the offender's BAC level upon arrest and the offender's previous DUI conviction record. The court may substitute 15 days of electronic home monitoring for the minimum one day in jail. Offenders pay for electronic home monitoring, which costs between $10 and $15 (or more) a day. Restrictions on alcohol consumption and requirements to take breath tests will be included in the conditions for home monitoring.

Above information taken from the Tougher on DUI brochure available at no charge from the:

Washington Traffic Safety Commission
P.O. Box 409044
Olympia, WA  98504-0944
Phone:(360) 753-6197
Revised January 1999

Return to top

This page last updated on 03/30/2008