2026 Legislative Changes

The Washington State Legislature has rolled out a series of significant overhauls to the state’s criminal statutes. Drawing directly from the official House and Senate bill reports, Revised Code of Washington (RCW) updates, and session laws, here is a breakdown of the major shifts in Washington criminal law, particularly those that took effect on January 1, 2026.

1. Impaired Driving & "Physical Control" Overhaul

• Source: Engrossed Substitute House Bill (ESHB) 1493 (Chapter 306, Laws of 2024)

• Effective Date: January 1, 2026

• The 15-Year Felony Lookback: Previously, a DUI or PC charge escalated to a Class C felony if a driver had three or more prior impaired driving offenses within a 10-year window. ESHB 1493 officially extends this lookback window to 15 years. This wider net means older offenses that previously expired will now be counted toward felony thresholds.

• Roadside Oral Fluid Testing: The statute establishes a clear legal framework for roadside oral fluid (saliva) screening. Under the 2026 rules, if law enforcement requests this test, they must explicitly advise the driver that it is entirely voluntary. Furthermore, the initial roadside results cannot be used as direct evidence against the driver in a criminal trial.

• Expanded Deferred Prosecution: For drivers seeking rehabilitation, the law updates the state's deferred prosecution program rules. Under strict, treatment-heavy guidelines, individuals may now petition for a second lifetime deferred prosecution for a DUI/PC offense under specific, limited circumstances.