Starting January 1, 2026, Washington’s impaired driving laws get a major refresh under Engrossed Substitute House Bill 1493 (Chapter 306, Laws of 2024). If you drive in Washington, there are a few changes that will have real, day-to-day impact, especially if someone has prior impaired driving history, or if a stop involves suspected drug impairment.
DUI vs “Physical Control”
Most people understand DUI as driving while impaired. Washington also has a “physical control” law, which can apply when someone is in actual physical control of a vehicle while impaired, even if the vehicle is not moving.
That means situations like sitting in the driver’s seat with the keys nearby can still become a serious legal problem. The 2026 updates apply to both DUI and physical control offenses.
Felony threshold expands from a 10-year window to a 15-year window
One of the biggest changes is the look-back period used to decide when an impaired driving offense becomes a felony.
A DUI or physical control offense can become a class C felony when a person has three or more prior impaired driving offenses within 15 years, instead of the current 10-year window. Practically speaking, this widens the net. Older prior offenses that used to fall outside the felony calculation may now count, which can raise the stakes dramatically for repeat offenses.
Oral fluid (saliva) roadside tests get a clear ruleset
Washington is also setting firmer boundaries around oral fluid roadside testing used during DUI investigations.
Under the new rules, if an agency uses oral fluid testing, there are requirements tied to training and reliability, plus privacy protections.
Two points drivers will feel immediately during stops:
- The test is voluntary. The person must be advised that it is voluntary.
- Results may not be used against the person in court. The law also restricts how biological samples are handled, including limits connected to DNA use and retention.
Bottom line is that ral fluid tools may show up more often during drug-impairment investigations, but Washington is drawing bright lines around consent, privacy, and how the results can be used.
Deferred prosecution eligibility changes (DUI-specific)
Washington’s DUI deferred prosecution program is also changing in 2026. ESHB 1493 updates the rules and, in certain situations, allows a person charged with DUI or physical control to petition for a second deferred prosecution, with specific limits and requirements.
This is a technical area of the law and outcomes depend heavily on individual history and timing, so if someone is considering deferred prosecution, it’s smart to get legal advice early.
What drivers should take from all this
These updates are part of Washington’s bigger push to reduce impaired driving injuries and deaths. For everyday drivers, the practical takeaways are straightforward:
- If you have prior impaired driving history, the 15-year look-back changes the risk calculus.
- “Physical control” can still apply even when you are not actively driving, so “sleeping it off” in the driver’s seat is not automatically safe.
- If an officer requests an oral fluid roadside test, it is voluntary under the 2026 rules.
- If alcohol, cannabis, or other substances might be in the mix, the safest move is always a plan that keeps you out from behind the wheel entirely.
As Washington’s impaired driving laws evolve, driver education remains one of the most effective ways to prevent life-changing consequences. Swerve Driving School emphasizes defensive driving, risk awareness, and decision-making skills that help drivers avoid impaired driving situations before they start.
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