Washington criminal charge
Driving under the influence in Washington
Current through 2026 Washington legislative session
Driving under the influence is a criminal offense under Washington law, defined by RCW 46.61.502. Its classification is not fixed: Washington assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by RCW 46.61.502.
How is driving under the influence classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Driving under the influence - standard | Gross Misdemeanor | A violation of this section is a gross misdemeanor unless subsection (6) applies. | RCW 46.61.502(5) |
Common questions about driving under the influence in Washington
Is driving under the influence a felony or a misdemeanor in Washington?
Which Washington statute covers driving under the influence?
Driving under the influence is governed by RCW 46.61.502 (Driving under the influence).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.