On January 1, 2026, Washington State's DUI laws underwent some of the most significant changes in years. Whether you're currently facing charges, have prior offenses on your record, or just want to know more about your rights as a Washington driver, keep reading.
We’ve compiled useful information on these new laws to help you understand what has changed and what these changes might mean for you now and in the future.
What Changed
The 2024 Washington State Legislature passed comprehensive reforms to impaired driving laws that took effect at the start of 2026.
These changes fall into four major categories:
- Extended lookback periods for repeat offenders
- Opportunities for deferred prosecution and treatment
- New saliva testing method for DUI enforcement
- Stricter requirements for ignition interlock devices and probation
Some of these changes make the consequences more severe. Others open new doors for treatment and second chances. Let's break down each one.
1. Felony DUI Lookback Period Now Extends to 15 Years
This is the most significant change affecting people with prior offenses.
Previously, you faced felony DUI or felony Physical Control charges if you had three or more prior offenses (under RCW 46.61.502 or 46.61.504) within ten years. As of January 1, 2026, that lookback period has been extended to fifteen years.
What this means for you:
- Prior DUI convictions from 10-15 years ago now count toward felony charges
- A fourth DUI within 15 years is now a Class B felony (instead of a gross misdemeanor)
- Felony convictions carry much harsher penalties, including longer jail time and higher fines
Who this affects most: If you have prior DUI-related offenses from between 10-15 years ago and are currently facing new charges, you're now at risk of felony prosecution under the new 15-year lookback rule. See RCW 46.61.5055.
2. New Deferred Prosecution Options
Here's some good news: Washington has expanded opportunities for treatment over punishment.
For the first time, certain defendants may now be eligible for a second deferred prosecution in their lifetime. This is a significant departure from the previous "once in a lifetime" rule.
Key eligibility requirements (RCW 10.05.010):
- You must have used your first deferred prosecution for your first DUI or Physical Control offense
- You cannot have any other "prior offenses" as defined in RCW 46.61.5055
- Your first deferred prosecution must be revoked before entering a second one
- Offenses committed within seven days of each other may be consolidated into a single deferred prosecution
Important limitation: If you didn't participate in a deferred prosecution for your first DUI offense, you remain eligible for only one deferred prosecution in your lifetime.
Treatment requirements have also changed:
- Evaluations must now be conducted only at state-approved behavioral health agencies
- Treatment providers must file monthly progress reports with the court (instead of every 3-6 months)
- Both substance use disorder and mental health treatment programs now have standardized mandatory requirements
- New provisions address co-occurring disorders and non-substance-related mental health cases
3. New Oral Fluid Roadside Testing
Under RCW 46.61.5062, law enforcement agencies can now use oral fluid (saliva) testing devices at DUI stops.
These portable devices test for the presence of specific drugs in a driver's saliva. They indicate recent drug use but don't provide quantifiable drug levels like blood tests do.
It is important to note:
- The test is completely voluntary, and you can refuse without penalty
- Test results cannot be used against you in court
- The test does NOT satisfy the implied consent requirement
- Taking the oral fluid test is NOT an alternative to breath or blood testing
- Officers must inform you of all these rights before administering the test
Additional privacy protections:
- Biological samples must be destroyed within 24 hours
- DNA samples and results cannot be entered into any database
- Law enforcement agencies face strict liability for violations
What this means for you: While this gives police another tool for DUI investigations, the voluntary nature and inadmissibility in court mean these tests are primarily used to help officers decide whether to pursue a full DUI investigation.
4. Ignition Interlock Device (IID) Changes
Several changes now affect Washington's ignition interlock requirements (found in RCW 46.20.720).
New affirmative defense: Defendants can now raise an affirmative defense to charges of operating a vehicle without a functioning IID if the employer exemption applies. However, you must notify the prosecution before your pretrial hearing of your intent to use this defense.
Employer exemption clarification: The employer exemption does not apply to self-employed individuals unless the vehicle is used exclusively for employment purposes.
Physical disability waiver: Drivers with IID restrictions from incidents prior to June 9, 2016, may apply to waive the requirement if they can demonstrate a physical disability that prevents them from operating an IID.
Deferred prosecution and IID restrictions: When calculating IID restriction periods, a restriction based on a deferred prosecution from the same incident doesn't count as a "prior restriction."
5. Stricter Probation Supervision Requirements
Requirements for probation supervision have also been enhanced (RCW 10.05.170).
Probation officers must:
- Check driving records every three months (this was previously every six months)
- Make contact with the defendant at least monthly until treatment is complete
- Review criminal history every 90 days throughout the deferral period
- Report violations to the court within five business days or “as soon as practicable”
6. License Suspension & Probationary License Updates
New notice requirements (RCW 46.20.355): When the Department of Licensing receives an abstract of deferred prosecution, they must notify the defendant that, within 45 days, they must:
- Apply for a probationary license
- Surrender any non-probationary Washington State driver's license
Good news for violations: Courts now have discretion not to impose a suspension for violations of driving while license suspended (third degree) if the defendant proves the violation was cured within 30 days. The court doesn't have to report the violation to DOL unless it remains uncured after 30 days.
Ignition interlock during suspension: Persons suspended for violating a mandatory condition of probation may now apply for an ignition interlock driver's license during the mandatory 30-day suspension period.
7. Special Drug Offender Sentencing Alternative for Felony DUI
A new sentencing alternative is now available for certain felony DUI defendants convicted of DUI while under the influence of intoxicating liquor, cannabis, or any drug.
Eligibility requirements:
- No prior conviction for vehicular homicide, vehicular assault, or felony DUI/Physical Control
- Conviction must be for felony DUI or Physical Control under the influence of liquor, cannabis, or drugs
This alternative provides treatment-focused sentencing options as an alternative to traditional felony penalties. See RCW 9.94A.661.
What Should You Do Now?
These changes create both challenges and opportunities. Here are a few tips:
If you're currently facing DUI charges: Contact a Snohomish County DUI attorney immediately. Understanding how the new laws apply to your case is critical, particularly if you have prior offenses from 10-15 years ago that now count under the extended lookback period.
If you have prior offenses: The 15-year lookback means even old convictions you thought were "in the rearview mirror" may now count toward felony charges if you're arrested again.
If you're considering deferred prosecution: The new second-chance provisions may provide opportunities that weren't available before. But the requirements are complex, and the eligibility rules are strict. You need experienced guidance to navigate them.
If you're stopped by police: Know your rights, especially regarding the new voluntary oral fluid testing. What you say and do during a traffic stop matters more than ever.
Why DUIHeroes?
At DUIHeroes, we don't just react to legal changes. We prepare for them. We understand exactly how these 2026 reforms are going to play out in Snohomish County courts and throughout Washington State. We've built our entire practice around one goal: protecting people facing DUI charges. We've achieved an average of 95% of first offenses reduced or dismissed* because we stay ahead of the curve on changes like these.
Washington DUI law has shifted dramatically in 2026. Don't face it alone. Call us 24/7 at (425) 296-9358 or contact us online for a free, confidential consultation.
DUIHeroes serves clients throughout Snohomish County and Washington State, including Lynnwood, Everett, Marysville, Arlington, Mukilteo, Edmonds, and beyond. Our exclusive focus on DUI defense means you get specialists who know these laws inside and out.
Coming Soon
Keep an eye out for further details on Washington’s new DUI laws for 2026 in these upcoming articles:
- Felony DUI Lookback Period Extended to 15 Years
- New Deferred Prosecution Options for DUI in Washington
- Saliva Testing Comes to Washington DUI Investigations
