Effective 01/01/2026, a person commits the crime of felony DUI or felony Physical Control if the person has three or more prior DUI or Physical Control gross misdemeanor offenses within the last 15 years. See RCW 46.61.5055(4), as amended by 2024 Wash. Laws ch.306 sec.30-32. Formerly, the “Look Back Period” was only 10 years until extended by the 2024 WA Legislature.

Consequently, after January 1, 2026, such Washington drivers arrested for only a gross misdemeanor DUI or Physical Control offense will now be charged with felony DUI or felony Physical Control. These are much more serious Class C felony offenses which will be filed in the local superior court instead of in local district or municipal courts.

Contact Lynnwood DUI lawyer Paul Hanson at 425-778-7339 for more information.

Starting on January 1, 2026, Washington police will start using an oral fluid test on suspected drugged DUI and Physical Control drivers. These new police oral fluid roadside screening devices will test the saliva of suspected drugged drivers for the presence of specific drugs. A positive result indicates relatively recent drug use and drug presence above a certain cut off level. But not a quantifiable drug level.

Prior to administrating these saliva drug tests, police must first advise suspected drivers that the test is only voluntary and does not constitute compliance with the RCW 46.20.308 Implied Consent requirement. And that the test results may not be used against a person in a court of law. And lastly, that taking this test is not an alternative to the later police evidentiary breath or blood tests at the police station or jail.

In 2024, the Washington State Legislature enacted RCW 46.61.5062 that allows police to utilize oral fluid roadside information as part of WA DUI & Physical Control enforcement.

Contact Lynnwood DUI lawyer Paul Hanson at 425-778-7339 for more information.

Several new DUI & Physical Control Under the Influence changes become effective in Washington State on January 1, 2026.

Under RCW 9.94A.661(enacted by the 2024 Washington Legislature in 2024 Wash. Laws ch.306 sec.1), felony DUI & Physical Control Under the Influence defendants are now eligible for a special drug offender sentencing alternative. They are eligible if they do not have a prior conviction for Vehicular Homicide, Vehicular Assault, felony DUI or felony Physical Control Under the Influence.

Under RCW 46.20.385, convicted DUI and Physical Control drivers whose driver licenses have been suspended, revoked or denied after sentencing under RCW 46.61.5055(11)(c)(i)(suspension for violation of a statutory mandatory condition of probation) are now eligible for a temporary restricted Ignition Interlock License (IIL) during the suspension period. 2024 Wash. Laws ch.306 sec.11& 27. See Chapter 23, sec 23.09, discussing Ignition Interlock Licenses(IIL).

Contact Lynnwood DUI lawyer Paul Hanson at 425-778-7339 for more information.

RCW 46.20.355 was amended by the 2025 WA Legislature to require the WA Department of Licensing to notify drivers receiving a court Deferred Prosecution within 45 days that they must surrender their WA driver licenses and apply for a new five (5) year Deferred Prosecution probationary license.

Contact Lynnwood DUI lawyer Paul Hanson for more information.

Effective January 1, 2026, RCW 10.05.060 was amended to clarify that the WA Department of Licensing must permanently keep court DUI & Physical Control Deferred Prosecutions on driving records. 2024 Wash. Laws ch.306, sec. 17.

Contact Lynnwood DUI lawyer Paul Hanson for more information.

Under Washington State law, RCW 46.20.720(2), it is a gross misdemeanor criminal traffic offense to operate a motor vehicle without a functioning ignition interlock device(IID) when ordered by a court or the Department of Licensing.

However, RCW 46.20.740(6) provides a legal exception to this IID requirement (the Employer Exemption) if the driver is driving an employer’s vehicle for an employer during working hours. But this Employer Exemption does not apply to a person who is self employed unless the person’s vehicle is used exclusively for the person’s employment. 2024 Wash. Laws ch.306, sec.28.

There is also a Medical Exemption to the DUI Ignition Interlock (IID) requirement if the driver obtains a determination from the Department of Licensing that he/she is unable to operate an IID due to a physical disability. RCW 46.20.720(3)(g).

Contact Lynnwood DUI attorney Paul Hanson for more information.