If you have prior DUI-related offenses on your record, even ones from over a decade ago, this change could dramatically impact your future. On January 1, 2026, Washington State extended the lookback period for felony DUI charges from 10 years to 15 years, and the implications are serious.
This is part of a series of sweeping changes to Washington DUI laws in 2026.
What Is the Lookback Period?
The "lookback period" is the window of time the state examines when determining whether you face felony DUI charges. It's how far back prosecutors can count your prior offenses.
Before January 1, 2026:
- Three or more prior offenses within 10 years = felony DUI
After January 1, 2026:
- Three or more prior offenses within 15 years = felony DUI
This five-year extension means convictions you may have thought were too old to matter can now come back to haunt you.
What Counts as a "Prior Offense"?
Under RCW 46.61.5055, prior offenses include more than just DUI convictions.
The state counts:
- DUI convictions (RCW 46.61.502)
- Physical Control convictions (RCW 46.61.504)
- Negligent Driving First Degree (when originally charged as DUI)
- Reckless Driving (when originally charged as DUI)
- Reckless Endangerment (when originally filed as DUI or Physical Control)
- Deferred Prosecutions for DUI or Physical Control
- Comparable out-of-state offenses
All of these offenses now count if they occurred within the past 15 years—not just 10.
Why This Change Matters
The difference between a gross misdemeanor DUI and a felony DUI is enormous.
A gross misdemeanor DUI—typically a first through third offense within seven years—carries serious consequences, including jail time, fines, license suspension, mandatory ignition interlock devices, and probation with treatment requirements. These penalties are significant and can disrupt your life for months or even years.
Felony DUI is at an entirely different level. As a Class B felony, you may face up to 10 years in prison and fines as high as $20,000. More importantly, you'll carry a permanent criminal record as a convicted felon, which means losing your voting and firearm rights until they're restored. The collateral consequences extend far beyond the courtroom: finding employment becomes drastically more difficult, securing housing presents similar challenges, and professional licenses can be suspended or revoked. For non-citizens, a felony DUI can lead to devastating immigration consequences, including deportation.
A felony conviction changes your life permanently in ways a misdemeanor simply doesn't.
What If Your Case Is Pending Right Now?
If you were arrested before January 1, 2026, but your case is still pending, the law that applies depends on when your offense occurred—not when your case resolves.
The key date is your arrest date, not your conviction date.
Deferred Prosecutions Count Too
Many people don't realize that deferred prosecutions count as prior offenses for lookback purposes under RCW 46.61.5055.
If you completed a deferred prosecution 12 years ago, it now counts toward the 15-year lookback. This is true even though a deferred prosecution doesn't result in a conviction if successfully completed.
The Importance of Acting Quickly
If you're arrested for DUI and have prior offenses from 10-15 years ago, time is critical.
The prosecutor will review your criminal history and make charging decisions quickly. Once felony charges are filed, it becomes much harder to negotiate them down to misdemeanor charges.
Early intervention by an experienced Snohomish County DUI attorney can make all the difference. We can:
- Communicate with prosecutors before charges are filed
- Present mitigating evidence early
- Challenge the applicability of prior offenses
- Negotiate for reduced charges before the case moves forward
The sooner you contact us, the more options we have to protect you.
Why the Legislature Made This Change
The Washington State Legislature extended the lookback period as part of a broader effort to address repeat DUI offenders more seriously. The reasoning was that someone with three DUIs spread over 15 years demonstrates a pattern of dangerous behavior that warrants felony-level consequences.
Legislators argued that whether prior offenses occurred 8 years ago or 13 years ago, they still reflect a history of impaired driving that puts the public at risk.
Whether we agree with this reasoning, it's now the law—and it's being applied in courts across Washington State.
Real Consequences for Real People
We are bracing for the impact of this change here in Snohomish County and across Washington State. Good people who thought their pasts were behind them may now face felony charges and potential prison time. These aren't criminals. They're parents, professionals, veterans, and community members who made mistakes in the past and are now being held to a new, harsher standard.
At DUIHeroes, we believe everyone deserves a strong defense—regardless of their history.
What You Should Do Right Now
If you're arrested:
- Invoke your right to an attorney. Do this immediately.
- Don't talk to police without an attorney present. Anything you say can be used against you.
- Gather documentation. Locate records of your prior cases.
- Don't plead guilty. Not until you've explored all your options with an experienced attorney.
- Call DUIHeroes. We're available around the clock at (425) 296-9358.
Contact us now for a free, confidential consultation.
Coming Up Next in This Series:
- New Deferred Prosecution Options for DUI in Washington
- Saliva Testing Comes to Washington DUI Investigations
