On Wednesday, January 28, 2026, the Washington State Senate took a significant step that could reshape DUI law across the state. By a vote of 26-23, the Senate approved Senate Bill 5067, legislation that would reduce the legal blood alcohol concentration (BAC) limit for drivers from 0.08% to 0.05%.
If this bill ultimately becomes law, Washington will become the second state in the nation (joining Utah) to adopt this stricter standard. The measure would take effect on July 1, 2026.
Washington drivers deserve to understand what this proposed change means, where the bill stands in the legislative process, and how it could impact your rights if you're pulled over for suspected DUI.
What Senate Bill 5067 Proposes
Under current Washington law (RCW 46.61.502), a driver is considered legally impaired if their BAC is 0.08% or higher. Senate Bill 5067 would lower that threshold to 0.05%.
The new 0.05% BAC limit would apply to:
- Driving under the influence charges
- Physical control violations
- Boating under the influence (BUI)
What It Takes to Reach 0.05% BAC
State health officials have provided estimates on how much alcohol it typically takes to reach the proposed 0.05% threshold:
- For a 170-pound man: approximately four drinks within two hours on an empty stomach.
- For a 137-pound woman: approximately three drinks within two hours on an empty stomach.
These are general estimates. Individual tolerance, metabolism, food consumption, and other factors can significantly affect how alcohol impacts any given person.
Where Does the Bill Stand Now?
Senate Bill 5067 has passed the Senate, but it is not yet law.
Here's what needs to happen for this bill to become law:
Step 1: House Committee Review
The bill has been sent to the Washington State House of Representatives, where it will be assigned to the House Transportation Committee for review.
Step 2: House Floor Vote
If the bill makes it out of committee with a favorable recommendation, it will move to the full House for debate and a vote. The House can pass the bill as written, amend it, or reject it entirely.
Step 3: Reconciliation (if necessary)
If the House passes a version of the bill that differs from the Senate's version, both chambers will need to reconcile the differences before final approval.
Step 4: Governor's Signature
Once both the House and Senate approve identical versions of the bill, it goes to the Governor's desk. The Governor can sign it into law, veto it, or allow it to become law without a signature.
Step 5: Implementation
If signed into law, the new 0.05% BAC limit would take effect on July 1, 2026.
Bottom line: The bill still has significant hurdles to clear before it becomes law. Passage through the House is far from guaranteed, and the debate is likely to be contentious.
What This Means for Washington Drivers
If Senate Bill 5067 becomes law, Washington drivers will need to be even more cautious about their alcohol consumption before getting behind the wheel. The margin for error will shrink significantly.
Even if the legal limit changes to 0.05%, it is important to remember:
- Officers will still need to establish probable cause to pull you over and arrest you, and the legal standard for what constitutes "impairment" remains unchanged.
- Field sobriety tests and breathalyzer or blood test results will continue to be the tools officers use to build DUI cases.
- If you're arrested for DUI, you'll still have the right to challenge the evidence, the stop, and the testing procedures used against you.
DUIHeroes Is Monitoring This Legislation Closely
At DUIHeroes, our exclusive focus on DUI defense means we stay ahead of every change to Washington's DUI laws. If Senate Bill 5067 becomes law, our Snohomish County DUI lawyers will be prepared to defend our clients under the new legal framework.
Whether the limit is 0.08% or 0.05%, the principles of effective DUI defense remain the same:
- Challenging the legality of the traffic stop.
- Scrutinizing the accuracy and administration of field sobriety tests and breath or blood tests.
- Examining whether officers followed proper procedures.
- Protecting your constitutional rights at every stage of the process.
We'll continue to provide updates as this bill moves through the legislative process. If you have questions about how these proposed changes could affect you, or if you're currently facing DUI charges, contact DUIHeroes today at (425) 296-9358.
Serving clients throughout King County and Snohomish County, including Seattle, Everett, Kirkland, Redmond, Lynnwood, Bothell, Marysville, and beyond.
