Major 2026 Changes to Washington DUI Laws: Felony Penalties, Sentencing Options, and Lookback Period

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Felony DUI Stop

Washington’s DUI laws are changing significantly on January 1, 2026. These updates primarily affect how severe offenses, such as Felony DUI, are charged and sentenced.

As a Washington DUI defense attorney, I’ve broken down the biggest 2026 changes in clear, practical language so drivers know exactly what to expect.

1. Washington Extends the Felony DUI Lookback Period to 15 Years

Under current law, a person commits the crime of felony DUI or felony physical control if the person has three or more prior offenses within ten (10) years. Starting in 2026, the legislature extended the “look back” period from ten (10) years to fifteen (15) years.

Why this matters

  • More DUI cases will be filed as felonies.
  • Old DUIs that were previously “too old” to count may now be used.
  • Penalties for felony DUI include prison time, lengthy probation, and long-term requirements.

It’s important to note that starting in 2026, the court can look back 15 years and use convictions prior to 2026 to charge a felony.

2. A New Drug Offender Sentencing Alternative (DOSA) for Felony DUI

Starting in 2026, the legislature created a special Drug Offender Sentencing Alternative (DOSA) in RCW 9.94A for some felony DUI defendants. This has been a change that is long overdue.

To qualify, an offender must be eligible and:

  • Not have a prior conviction for vehicular homicide, vehicular assault, felony DUI, or felony physical control.
  • Be convicted of felony DUI while under the influence of intoxicating liquor, cannabis, or any drug.
  • Be convicted of felony physical control while under the influence of intoxicating liquor, cannabis, or any drug.

Why this matters

This new sentencing option gives judges more flexibility and may reduce the amount of incarceration time for eligible defendants. It can be a powerful tool in negotiating felony DUI cases. Previously felony DUI’s were very difficult to negotiate and were often forced to trial.

3. More Flexible Penalties for DWLS 3rd in Connection with DUI Probation Violations

A change is coming that affects Driving While License Suspended in the Third Degree (DWLS 3) when it is connected to a DUI probation violation.

For each incident involving a violation of RCW 46.20.342(1)(c) (DWLS 3rd degree):

  • The court has discretion not to impose a suspension if the driver provides proof the violation has been cured within 30 days.
  • The court is not required to notify the Department of Licensing (DOL) if the violation is cured in time.

Why this matters

This allows people trying to stay compliant with the law to avoid unnecessary license suspensions, which helps them maintain employment and attend treatment.

What These Changes Mean for Drivers Facing DUI Charges in Washington

The 2026 amendments show a legislative focus on harsher penalties for repeat offenders (the 15-year lookback) while simultaneously providing limited therapeutic sentencing relief for eligible individuals (the new DOSA).

Coming Soon: We will be publishing two follow-up articles covering the other substantial 2026 law changes: one on Deferred Prosecution and another on Ignition Interlock Device (IID) and Roadside Testing rules.

Free Consultation: Talk to a Washington DUI Attorney About the 2026 Law Changes

If you have questions about how the new felony DUI laws might affect your case or record in Washington, contact us. We handle DUI and criminal defense cases throughout Washington and can explain exactly what the changes mean for your situation.