DUI limits, implied consent and open containers

Key points

1. For drivers 21 and older, a BAC of .08% or higher is a DUI.

   Source: PDF page 10

   “For drivers age 21 and older, having a BAC of .08% or higher is considered a DUI and can result in legal consequences.”
   Washington Driver Guide (plain-text version), PDF page 10

2. Drivers under 21 face the same consequences at a BAC of 0.02%.

   Source: PDF page 10

   “Drivers under age 21 have the same potential consequences for having a BAC of 0.02%.”
   Washington Driver Guide (plain-text version), PDF page 10

3. For drivers 21 and older, more than 5 nanograms of active THC per milliliter of blood is a DUI.

   Source: PDF page 10

   “For drivers age 21 and older, having more than 5 nanograms of active THC per milliliter of blood in their system is considered a DUI”
   Washington Driver Guide (plain-text version), PDF page 10

4. DUI also applies to being in control of a vehicle, even if it is parked.

   Source: PDF page 10

   “DUI also applies to being in control of a vehicle, even if it’s parked (RCW 46.61.503).”
   Washington Driver Guide (plain-text version), PDF page 10

5. Under the Implied Consent Law, everyone who drives in Washington agrees to be tested if an officer suspects impairment.

   Source: PDF page 10

   “everyone who drives in Washington agrees to be tested if an officer suspects they are under the influence of alcohol or drugs.”
   Washington Driver Guide (plain-text version), PDF page 10

6. Refusing a test can cost your license for 90 to 730 days, or until age 21, whichever is longer.

   Source: PDF page 10

   “If you refuse to be tested, you could lose your driving privilege for 90 to 730 days, or until you reach age 21, whichever is longer.”
   Washington Driver Guide (plain-text version), PDF page 10

7. Alcohol and drug offenses stay on your driving record for life.

   Source: PDF page 11

   “Alcohol- and drug-related offenses appear on your driving record for life.”
   Washington Driver Guide (plain-text version), PDF page 11

8. A DUI conviction can bring a suspension of 90 days to 4 years and an ignition interlock requirement.

   Source: PDF page 11

   “Driving privileges suspended for 90 days to 4 years Probationary license Ignition interlock device to drive vehicle”
   Washington Driver Guide (plain-text version), PDF page 11

Numbers to know

3 questions from the Washington practice test

1. 1. For a Washington driver age 21 or older, which BAC is identified as a DUI threshold?

   1. 0.02% or higher
   2. 0.08% or higher
   3. 0.05% or higher
   4. 0.12% or higher
   Show answer

   0.08% or higher. The guide identifies a BAC of 0.08% or higher as a DUI threshold for drivers who are 21 or older. The 0.02% figure belongs to drivers under 21, so applying it to every adult would erase an important age distinction. A 0.05% reading may still affect safe driving, but it is not the threshold stated in this item. Treat the age in the question as part of the rule, then match it to 0.08%.

2. 2. What does Washington's implied consent law mean when an officer suspects a driver is under the influence?

   1. The driver may choose testing only after a conviction
   2. The driver agrees to a roadside search of every passenger
   3. The driver must surrender the vehicle before testing
   4. The driver agrees to be tested for alcohol or drugs
   Show answer

   The driver agrees to be tested for alcohol or drugs. Washington treats driving as agreement to an alcohol or drug test when an officer suspects impairment. This is a testing obligation, not an automatic finding that the driver is guilty. The choice about surrendering the vehicle adds a consequence that the quoted rule does not state, and passenger searches are unrelated. A useful roadside cue is the phrase implied consent: operating on Washington roads carries this advance agreement. Refusing a test can create separate loss of driving privilege, so a driver should not assume refusal avoids every consequence.

3. 3. If a driver refuses an alcohol or drug test after an officer suspects impairment, what may happen to the driving privilege?

   1. It may be lost for 90 to 730 days or until age 21, whichever is longer
   2. It is suspended for exactly 24 hours
   3. It is permanently canceled after the first refusal
   4. Nothing happens unless the driver was speeding
   Show answer

   It may be lost for 90 to 730 days or until age 21, whichever is longer. The guide says refusing a suspected impairment test can cost the driver the privilege for 90 to 730 days, or until age 21, whichever period is longer. That range is not a guaranteed one day suspension, and the guide does not describe an automatic permanent cancellation after one refusal. Speeding is not a prerequisite in the quoted rule. The memory cue is to look for both the numerical range and the age comparison. The exact suspension depends on several factors, including the number of prior violations.

Source: the Washington Driver Guide (plain-text version), Chapter 1: Licenses. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.