Washington Public Intoxication Penalties (2026)

Public intoxication and drunk in public charges charges in Washington: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing public intoxication charges in Washington, consult a licensed Washington criminal defense attorney.

Washington Public Intoxication Penalties

OffensePenalty
First OffenseMisdemeanor: up to 90 days, $1,000 fine
Second OffenseGross misdemeanor: up to 364 days

RCW §66.44.100

Public Intoxication Statute of Limitations in Washington

In Washington, the general statute of limitations for a felony is 3 years and for a misdemeanor is 2 years.

See all Washington statutes of limitations →

Defending Against Public Intoxication Charges in Washington

Common defenses in Washington public intoxication cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Washington criminal defense attorney for advice.

Related Washington Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering