Beginning January 1, 2026, Washington’s impaired driving legal guidelines get a serious refresh underneath Engrossed Substitute Home Invoice 1493 (Chapter 306, Legal guidelines of 2024). When you drive in Washington, there are just a few modifications that may have actual, day-to-day affect, particularly if somebody has prior impaired driving historical past, or if a cease entails suspected drug impairment.
DUI vs “Bodily Management”
Most individuals perceive DUI as driving whereas impaired. Washington additionally has a “bodily management” regulation, which may apply when somebody is in precise bodily management of a automobile whereas impaired, even when the automobile is just not transferring.
Which means conditions like sitting within the driver’s seat with the keys close by can nonetheless turn into a critical authorized drawback. The 2026 updates apply to each DUI and bodily management offenses.
Felony threshold expands from a 10-year window to a 15-year window
One of many largest modifications is the look-back interval used to resolve when an impaired driving offense turns into a felony.
A DUI or bodily management offense can turn into a category C felony when an individual has three or extra prior impaired driving offenses inside 15 years, as an alternative of the present 10-year window. Virtually talking, this widens the web. Older prior offenses that used to fall outdoors the felony calculation might now depend, which may elevate the stakes dramatically for repeat offenses.
Oral fluid (saliva) roadside exams get a transparent ruleset
Washington can also be setting firmer boundaries round oral fluid roadside testing used throughout DUI investigations.
Beneath the brand new guidelines, if an company makes use of oral fluid testing, there are necessities tied to coaching and reliability, plus privateness protections.
Two factors drivers will really feel instantly throughout stops:
- The check is voluntary. The individual should be suggested that it’s voluntary.
- Outcomes might not be used in opposition to the individual in court docket. The regulation additionally restricts how organic samples are dealt with, together with limits related to DNA use and retention.
Backside line is that ral fluid instruments might present up extra usually throughout drug-impairment investigations, however Washington is drawing brilliant traces round consent, privateness, and the way the outcomes can be utilized.
Deferred prosecution eligibility modifications (DUI-specific)
Washington’s DUI deferred prosecution program can also be altering in 2026. ESHB 1493 updates the foundations and, in sure conditions, permits an individual charged with DUI or bodily management to petition for a second deferred prosecution, with particular limits and necessities.
It is a technical space of the regulation and outcomes rely closely on particular person historical past and timing, so if somebody is contemplating deferred prosecution, it’s sensible to get authorized recommendation early.
What drivers ought to take from all this
These updates are a part of Washington’s larger push to scale back impaired driving accidents and deaths. For on a regular basis drivers, the sensible takeaways are easy:
- You probably have prior impaired driving historical past, the 15-year look-back modifications the danger calculus.
- “Bodily management” can nonetheless apply even if you find yourself not actively driving, so “sleeping it off” within the driver’s seat is just not mechanically protected.
- If an officer requests an oral fluid roadside check, it’s voluntary underneath the 2026 guidelines.
- If alcohol, hashish, or different substances is likely to be within the combine, the most secure transfer is all the time a plan that retains you out from behind the wheel fully.
As Washington’s impaired driving legal guidelines evolve, driver schooling stays probably the most efficient methods to stop life-changing penalties. Swerve Driving College emphasizes defensive driving, danger consciousness, and decision-making expertise that assist drivers keep away from impaired driving conditions earlier than they begin.
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