Washington's 2026 DUI Law Overhaul: What Defendants Need to Know
Engrossed Substitute House Bill 1493 (ESHB 1493), which the legislature passed in 2024, will fundamentally alter how our courts handle DUI cases beginning January 1, 2026. Some of these changes create new opportunities for defendants, while others significantly expand the state's power to prosecute and punish. Anyone facing DUI charges—or with prior DUI history—needs to understand these critical changes.
The DOSA-DUI: A New Path for Felony DUI Defendants
The most groundbreaking change is the creation of the "Drug Offender Sentencing Alternative for Driving Under the Influence" (DOSA-DUI). Having represented numerous clients facing felony DUI charges, I've seen firsthand how our current system often fails to address the underlying substance use disorders that lead to repeat offenses.
The DOSA-DUI represents a dramatic shift in approach. Instead of simply warehousing offenders in prison, it offers a treatment-focused alternative that could genuinely change lives while still holding defendants accountable.
Who Qualifies for DOSA-DUI?
Not everyone will be eligible. The law sets specific criteria:
You must be charged with felony DUI (RCW 46.61.502(6)) or felony physical control (RCW 46.61.504(6))
You cannot have prior convictions for vehicular homicide or vehicular assault while impaired
Your current offense must involve alcohol and/or drugs
The mid-point of your standard sentencing range must be 26 months or less (with some exceptions if both prosecution and defense agree)
For context: Last year, I represented a client facing his fourth DUI in 9 years. Under current law, he received a 13-month prison sentence with no meaningful treatment component. Under the 2026 DOSA-DUI option, he could have received intensive substance use treatment, including residential care, while serving less time in total confinement.
What Does a DOSA-DUI Sentence Involve?
If you qualify and the judge approves, a DOSA-DUI sentence includes:
A reduced prison term (potentially cutting standard confinement significantly)
Up to 6 months in residential treatment for substance use disorder
12 months of partial confinement (work release and/or home detention)
12 months of community custody (supervised probation)
This is not a "get out of jail free" card. The court can revoke this alternative sentence and impose the original prison term if you violate conditions or fail to progress in treatment. Having guided clients through therapeutic court programs, I can tell you this requires serious commitment to recovery.
The 15-Year Look Back: A Dramatic Expansion
Perhaps the most concerning change for defendants is the extension of the "look back" period from 10 to 15 years. Currently, a DUI becomes a felony upon the fourth conviction within 10 years. Starting in 2026, it will be the fourth within 15 years.
This is not a minor technical adjustment—it's a seismic shift that will affect thousands of Washington residents.
The Real-World Impact
I recently consulted with a client who had three DUI convictions between 2012-2014 during a difficult period in his life. He's been sober since 2014, completely rebuilding his life, career, and family relationships over the past decade. Under current law, those priors would "wash out" in 2024, meaning a new DUI (though still serious) would be charged as a gross misdemeanor.
Under the new 15-year look back, those same prior convictions would remain active until 2029, exposing him to felony charges if he reoffends—even after 12+ years of sobriety and lawful behavior.
The legislature justifies this extended reach by citing research that drivers with four or more alcohol-related violations within ten years have higher fatal crash risks. But this blanket approach fails to account for individual rehabilitation and recovery success stories.
Second Deferred Prosecution: A Rare Second Chance
In a more positive development, the new law creates a pathway for some defendants to receive a second deferred prosecution—something currently prohibited.
Deferred prosecution is one of the most powerful tools for first-time DUI defendants with substance use disorders. It allows charges to be dismissed after completing a rigorous two-year treatment program and meeting other conditions. Currently, it's a once-in-a-lifetime opportunity.
Who Can Get a Second Deferred Prosecution?
Under the 2026 law, you may qualify for a second deferred prosecution if:
You successfully completed a previous deferred prosecution at least seven years ago
You have had no subsequent DUI convictions since completing the first program
This change acknowledges the reality of recovery—relapses happen, even after periods of sobriety. As someone who has witnessed the transformative power of treatment through deferred prosecution programs, I believe this second chance is both compassionate and pragmatic.
However, you'll remain ineligible for any deferred prosecution if you have prior vehicular homicide/assault convictions, felony DUI convictions, or a deferred prosecution within the past 7 years.
Oral Fluid Testing: New Investigative Tools for Law Enforcement
In a significant expansion of police powers, ESHB 1493 authorizes law enforcement to use oral fluid testing during DUI investigations. While the law includes some important limitations, this development should concern every Washington driver.
What This Means for Your Rights
The legislation includes these key provisions:
Tests are supposedly "voluntary" for suspects
Results cannot be used as evidence in court
Only validated, reliable test instruments may be used
Officers must receive proper training
Agencies must destroy biological samples within 24 hours
In my years of representing DUI defendants, I've seen how "voluntary" procedures often feel anything but voluntary during roadside stops. The power dynamic between officer and citizen, combined with the stress of being pulled over, creates significant pressure to comply.
More concerning is how these test results—while not admissible in court—will likely shape officer decisions about arrests, additional testing, and investigative direction. This creates a problematic shadow evidence system that impacts defendants without the judicial safeguards of admissible evidence.
Strategic Defense in the New Landscape
These sweeping changes require a completely updated approach to DUI defense in Washington. As defendants face longer look-back periods and new testing methods, but also gain potential alternatives like DOSA-DUI and second deferred prosecutions, case strategy becomes more complex.
At Powers Legal, we're already developing defense strategies that account for these 2026 changes, including:
Proactive record analysis - For clients with prior DUIs, we're analyzing exactly when the 15-year window applies to their specific cases.
Treatment-focused defense plans - Building early substance use evaluations and treatment compliance into defense strategy to position clients for DOSA-DUI eligibility.
Enhanced challenges to oral fluid testing - Developing challenges to any testing procedure violations and creating strategies to exclude even "non-admissible" test results from influencing cases.
Deferred prosecution timing strategies - For eligible clients, carefully timing deferred prosecution requests to maximize future options under the new second-chance provisions.
The Bottom Line: Preparation.
While these changes don't take effect until January 1, 2026, they cast a long shadow over current DUI cases and strategies. Decisions you make today about plea agreements, sentencing, or treatment could significantly impact your options if you face charges after the new laws take effect.
If you have prior DUIs on your record—especially those approaching the 10-year mark—or are currently facing DUI charges, now is the time to consult with experienced counsel about how these changes might affect your specific situation.
The 2026 DUI law changes reflect a complex mix of punitive measures and treatment opportunities. Navigating this new landscape will require experienced, strategic defense counsel who understands both the legal mechanics and the practical realities of substance use disorders.
This analysis reflects my professional assessment of ESHB 1493 based on the bill text and my 15 years of DUI defense experience. For advice regarding your specific situation, please contact our office for a confidential consultation.
Have questions about how the 2026 DUI law changes might affect your case? Call Powers Legal at (206) 555-1234 for a comprehensive case evaluation.