Washington DUI laws changed on January 1, 2026 and now affect how impaired driving cases are charged and sentenced across the state. Prior DUI-related offenses may be counted for up to fifteen years, which increases the risk of felony charges for some drivers. The law also expanded deferred prosecution eligibility in limited situations, authorized voluntary oral fluid testing during DUI investigations, tightened ignition interlock and probation supervision requirements, and created a treatment-focused sentencing option for certain felony cases. Together, these changes increase both the complexity and potential consequences of DUI cases, making early legal guidance especially important.
How the 2026 DUI Law Changes Affect Charges and Criminal Records
Washington DUI laws changed on January 1, 2026, and the updates affect how impaired driving cases are charged and sentenced throughout the state. These changes are especially important for drivers with prior convictions, as older offenses may now increase exposure to felony charges under the expanded lookback period.
At LaCross Law, we represent individuals facing DUI allegations and other criminal matters across Kitsap County. Many people who speak with a Port Orchard criminal defense attorney after a DUI arrest want to understand how these changes affect their record and the potential penalties they may face.
A DUI case often raises immediate concerns about DUI defense, the risk of felony charges, and how prior convictions appear on Washington criminal records. Those issues now carry more weight under the 2026 updates.
Key DUI law changes that took effect in 2026
Several parts of Washington’s DUI framework were updated at the start of 2026.
- The felony DUI lookback period expanded to fifteen years
- Deferred prosecution eligibility changed in limited situations
- Law enforcement may use voluntary oral fluid testing during DUI investigations
- Ignition interlock requirements and related defenses were revised
- Probation supervision requirements became more structured
- Driver license notice and probationary license rules changed
- A treatment-focused sentencing alternative became available in some felony DUI cases
The felony DUI lookback period now extends to fifteen years
One of the most significant changes involves how Washington counts prior DUI-related offenses. The state now looks back fifteen years when determining whether a new DUI case qualifies for felony prosecution.
This expansion means older convictions that previously fell outside the lookback window may now be considered again. As a result, a new arrest can carry much more serious consequences, including longer incarceration and higher fines associated with felony penalties.
Anyone with a prior DUI history facing new allegations should review their record carefully with a Port Orchard criminal defense attorney to understand how prior cases may affect charging decisions.
Deferred prosecution eligibility expanded for some defendants
Washington also revised deferred prosecution rules to allow a second deferred prosecution in narrow circumstances. This option is limited to individuals who previously used deferred prosecution for their first DUI or Physical Control offense and who do not have other qualifying prior offenses.
Treatment requirements are more structured than before. Evaluations must be completed through approved behavioral health agencies, and courts now require more frequent reporting during treatment. Deferred prosecution remains a serious commitment, and it is not always the best option in every case.
In some situations, negotiating a different resolution may better protect a person’s future, which is why defendants often consider the pros and cons of negotiating lesser charges when evaluating how to proceed.
Oral fluid testing is now authorized but remains voluntary
Washington law now permits oral fluid testing during DUI investigations. These roadside saliva tests are used to indicate recent drug use and help guide investigative decisions.
Oral fluid testing is voluntary and does not replace breath or blood testing requirements. Results are used during the investigation rather than as courtroom evidence.
Cases involving suspected drug impairment often involve complex factual and procedural issues. Defense strategies frequently focus on drug charge defenses when substances beyond alcohol are involved.
Ignition interlock requirements were revised
Several changes affect ignition interlock devices and related restrictions. Washington clarified how employer exemptions apply and limited their use for self-employed drivers unless a vehicle is used exclusively for work purposes.
Ignition interlock compliance frequently overlaps with probation conditions and license restrictions. Violations can escalate quickly, particularly when a DUI arrest also leads to other allegations, including issues related to firearm charges.
Probation supervision requirements became stricter
Probation supervision is now more structured under the 2026 changes. Probation officers conduct more frequent record checks, maintain regular contact during treatment, and report violations more quickly.
This increased oversight means compliance issues can affect a case sooner than many defendants expect.
Driver license and probationary license changes
Washington also updated license notice requirements related to deferred prosecution. Drivers may be required to apply for a probationary license within a defined timeframe and surrender any standard license during that period.
Long-term consequences extend beyond license status. Employment and housing concerns often depend on how long offenses remain visible on Washington criminal records.
A treatment-focused sentencing option for some felony DUI cases
A new sentencing alternative is available for certain felony DUI cases involving alcohol, cannabis, or other drugs. This option focuses on treatment rather than traditional felony incarceration, though eligibility is limited.
Felony DUI cases sometimes involve overlapping allegations depending on the facts. Some situations raise issues related to felony theft or whether robbery charges are supported by the evidence.
DUI cases can overlap with other criminal allegations
A DUI arrest is not always limited to impaired driving. In some cases, the same incident leads to allegations involving domestic violence and assault. These cases carry additional consequences, including domestic violence penalties.
Understanding what is considered domestic violence in Washington is important when a DUI investigation overlaps with a domestic incident. People in these situations often evaluate their options when hiring a domestic violence lawyer in Port Orchard. Depending on the facts, a defense may involve self-defense arguments that require careful analysis.
Why legal strategy matters under the 2026 rules
The 2026 DUI changes increase complexity across charging, sentencing, and compliance. Prior offense timelines, probation conditions, and treatment requirements all affect case outcomes.
Some defendants consider relying on a public defender, but serious DUI and felony cases often require more time and investigation, which is why many people review the reasons not to rely on a public defender when facing high-stakes charges.
Contact LaCross Law
If you are facing a DUI charge under Washington’s updated 2026 laws, early legal guidance can make a difference. The facts of the stop, your prior record, and how the new rules apply all matter.
Contact LaCross Law to discuss your situation and understand what options may be available.
Frequently Asked Questions:
- Do the 2026 DUI law changes apply to cases that happened before January 1, 2026?
In most situations, the new laws apply to cases charged after January 1, 2026. However, how prior offenses are counted and how certain rules apply can depend on timing, the specific statute involved, and how prosecutors interpret a person’s history.
- Can an old DUI from more than ten years ago now be used against me?
Yes. One of the most significant changes is the expanded lookback period. Certain prior DUI-related offenses from up to fifteen years ago may now be considered when determining whether a new case qualifies for felony prosecution.
- Is oral fluid testing mandatory during a DUI stop?
No. Oral fluid testing is voluntary under Washington law. It does not replace breath or blood testing requirements and is used by law enforcement as an investigative tool rather than courtroom evidence.
- Am I automatically eligible for a second deferred prosecution under the new law?
No. Eligibility for a second deferred prosecution is limited. It depends on how the first deferred prosecution was used, whether there are other qualifying prior offenses, and whether all statutory requirements are met.
- Do the new laws change ignition interlock requirements?
Yes. The 2026 updates include changes to ignition interlock rules, including clarifications about employer exemptions and how certain restrictions are calculated. Compliance with ignition interlock requirements remains critical.
- What should I do if I am charged with a DUI under the new rules?
You should seek legal guidance as early as possible. The 2026 changes affect charging decisions, sentencing exposure, and long-term consequences, and early review of the facts and your record can make a meaningful difference.
