Keith Mack
Washington, the only US state named after a president, has a unique legal legacy. Washington residents are subject to both state and US federal laws. The Revised Code of Washington is a compilation of all the permanent laws in force in the state. Washington has its own constitution, and its legislature passes laws that are periodically codified in the Revised Code. The state also has its own supreme court and court of appeals. Some of Washington's laws differ from those of other states, including its DUI threshold, gambling laws, and gun laws.
| Characteristics | Values |
|---|---|
| DUI threshold | If you're under 21, you're presumed intoxicated if you blow more than 0.02% on a Breathalyzer |
| Using cell phones while driving | Illegal |
| Divorce | Only "no-fault" divorce is allowed |
| Age restrictions | You must be 18 to marry without parental consent |
| Gambling law | Workplace gambling is legal under certain circumstances |
| Gun laws | Up to 30 days to get a concealed weapons permit |
| Gun laws | Must be a resident of Washington to get a state concealed pistol license |
| Gun laws | Visitors 18 years or older can transport a handgun in a vehicle without a concealed pistol license if the handgun is unloaded, in an opaque case, and locked within the vehicle |
| Marijuana laws | Recreational use is legal for those 21 and older |
| Marijuana laws | Adults 21 and older can purchase up to one ounce of usable marijuana, 16 ounces of marijuana-infused edibles in solid form, 72 ounces in liquid form, and 7 grams of marijuana concentrates |
| State laws | Washington State Constitution, laws passed by the Washington legislature, and decisions by courts that interpret Washington laws |
| Federal laws | US Constitution, statutes in the US Code, decisions by federal courts, and regulations issued by federal administrative agencies |
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What You'll Learn
- Washington has a strict DUI threshold, with a limit of 0.02% for under 21-year-olds
- Using a cell phone while driving without a hands-free device is illegal
- Washington only allows for no-fault divorce
- Recreational marijuana use has been legal for over-21s since 2012
- Workplace gambling is legal under certain circumstances
Washington has a strict DUI threshold, with a limit of 0.02% for under 21-year-olds
Washington has a strict DUI threshold, with a limit of 0.02% Blood Alcohol Content (BAC) for under 21-year-olds. This limit is part of Washington's zero-tolerance law for minors driving under the influence. The limit is considerably lower than the 0.08% BAC limit for drivers 21 and over.
In Washington, a person under 21 is presumed to be intoxicated if they blow more than 0.02% on a Breathalyzer. A single beer may cause a person to exceed this limit, especially if they have a smaller build, have not eaten recently, or consume alcohol with a higher alcohol content.
If a person under 21 is found to have a BAC of 0.08% or higher, or if their marijuana THC level exceeds five nanograms per milliliter of blood, they can be arrested and charged with a typical DUI. A Minor DUI, on the other hand, is a separate crime with different penalties. It is considered a misdemeanor and carries a maximum penalty of 90 days in jail or juvenile detention if the offender is under 18.
To prove a Minor DUI, a prosecutor must show that the defendant had a BAC of 0.02% or higher within two hours of driving. This can be challenged by the defence, which can raise affirmative defences such as the defendant consuming alcohol within two hours of driving but not while operating the vehicle.
The consequences of a Minor DUI conviction can be severe, impacting a person's life, finances, and freedom. It can result in jail time, license revocation, and higher insurance rates. It is important for minors charged with a DUI to seek legal representation to protect their rights and explore possible defences.
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Using a cell phone while driving without a hands-free device is illegal
Washington has strict laws regarding the use of cell phones while driving. Under Washington State's distracted driving laws, it is illegal to use a cell phone while driving without a hands-free device. This means that if a driver holds their phone while driving, even to answer a call, they are in violation of the law. Adjusting a GPS device while driving is also prohibited.
The laws, enacted in 2017, specify that any phone call must be made, answered, or ended through a hands-free device, such as Bluetooth, or with minimal use of a finger to activate or deactivate the device. Similarly, a cell phone's GPS can be used while driving, but only if the map is set up before the journey begins and is not touched during the trip.
Drivers are allowed to use voice-operated GPS systems that are permanently installed in the vehicle and allow the user to send or receive messages without looking away from the road or using their hands. However, rideshare drivers are not exempt from these regulations and must pull off the road to use their connected devices.
Washington's cell phone laws apply to the use of a motor vehicle on a public highway, including temporary stops due to traffic or other delays. The laws do not apply if the vehicle is pulled over and safely parked on the side of the road or off the roadway.
Violations of these laws can result in monetary fines, with each offense carrying a penalty of up to $250. These citations for distracted driving can also impact insurance premiums. To avoid penalties and stay safe, drivers in Washington State should ensure they use hands-free devices or refrain from using their cell phones while the vehicle is in motion.
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Washington only allows for no-fault divorce
Washington is one of the many states in the US that only allows for no-fault divorces. This means that neither spouse has to prove blame, such as infidelity or abandonment, to end the marriage. Instead, Washington's no-fault divorce system requires a reason beyond "irretrievably broken" and ensures a fair division of assets and child support.
The no-fault divorce system in Washington simplifies the legal process for couples looking to part ways. It provides a streamlined process for handling divorces, but there are still certain legal steps that need to be followed. Once one spouse asserts that the marriage is irretrievably broken, the court can proceed with the divorce process. This approach aims to reduce the adversarial nature of divorce and allows couples to focus on resolving practical issues like property division, spousal support, and child custody.
In a no-fault divorce, there is no legal need to make a claim of wrongdoing by either spouse. This provides a freedom that a traditional fault-based divorce does not offer. A marriage can be terminated at any time by either partner, and it is not necessary to show evidence that the contract of marriage has been breached. Thus, if either partner believes the marriage is irreparably damaged, a legal divorce is possible for that reason alone.
To initiate a no-fault divorce in Washington, a spouse must complete a Petition for Dissolution of Marriage, along with additional paperwork. Typically, the divorce papers must be delivered in person unless the court grants permission for an alternative method. Once the papers have been served, the other spouse has up to thirty days to decide whether to contest the terms of the divorce. If they agree to the terms, a ninety-day waiting period begins, after which the court will grant the dissolution, and the divorce will be legally recognized. It is important to note that the fastest a person can get divorced in Washington is ninety-one days, even if both parties agree on all aspects of the divorce.
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Recreational marijuana use has been legal for over-21s since 2012
In 2012, Washington became one of the first states to legalise recreational marijuana for adults over 21. Since then, marijuana has become a multi-billion-dollar industry, and the state's regulations continue to evolve.
Washington's cannabis laws are updated from time to time, and staying informed about changes in the law will help users stay within legal limits and consume responsibly. For example, while purchasing marijuana is legal for adults 21 and over, smoking it is not as straightforward. Public marijuana consumption is prohibited, meaning cannabis cannot be smoked in public spaces like parks, streets, or federal property. Even in a recreational cannabis shop, smoking is not allowed on the premises. Instead, marijuana should be consumed in private spaces like homes or houses of friends, with the permission of the property owner. If staying in a hotel, it is important to check the property's policy on marijuana use before consuming.
There are also purchase limits in place. Adults over 21 can purchase and possess up to one ounce of usable marijuana (the harvested flowers, or “bud”), 16 ounces of marijuana-infused edibles in solid form, 72 ounces in liquid form, and 7 grams of marijuana concentrates. Those with a valid medical marijuana card (issued by the Washington State Department of Health (DOH)) will enjoy a higher cannabis possession limit (three times the recreational limit) and will be exempt from paying the 10% sales tax in Tacoma. From June 2024, medical cardholders will also be exempt from the 37% excise tax applied to recreational purchases, but only for DOH-compliant products.
It is important to note that marijuana products must be consumed within the state of Washington and cannot be taken across state or international borders. Homegrown marijuana for recreational use or sale remains illegal, and growers may only legally sell cannabis to licensed processors or retailers, not directly to consumers.
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Workplace gambling is legal under certain circumstances
Workplace gambling has been legal in the state of Washington since 1973, but only under specific and narrow conditions.
Firstly, gambling in Washington is illegal unless specifically authorized by state law. The law defines gambling as any game involving three elements: prize, chance, and consideration (wager or anything of value).
Workplace gambling is permitted in the form of "sports wagering". This is limited to one sports pool board for a specific event. The board must be divided into 100 squares, with each square costing no more than one dollar, resulting in a maximum pool of $100. Each purchaser signs their name on their square, and the pool is closed before the athletic event begins. A prospective score is then assigned to each square by random drawing.
While workplace gambling is legal under these specific conditions, it is important to consider the potential risks and downsides. Allowing gambling in the workplace may impact productivity and could encourage or feed an employee's gambling problem, as highlighted by the Washington state’s Evergreen Council on Problem Gambling, which reports that 2-4% of adults in the state are problem gamblers.
Additionally, it is worth noting that other forms of gambling, such as raffles, are not permitted in commercial businesses, even if the proceeds are donated to charity.
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Frequently asked questions
Here are some laws unique to the state of Washington:
- Drinking and driving is illegal. If you're under 21, you're considered intoxicated if you blow more than 0.02% on a Breathalyzer.
- Using a cell phone without a hands-free device while driving is illegal.
- Washington only allows for no-fault" divorce, meaning a spouse's infidelity cannot be involved in a divorce petition.
- Recreational use of marijuana has been legal for those 21 and older since 2012, with restrictions on purchase limits.
Washington has specific laws regarding firearms:
- To obtain a concealed pistol license, one must be a resident of Washington and apply in person at their local law enforcement agency.
- Visitors over 18 years old can transport a handgun in a vehicle without a license, provided it is unloaded, in a closed opaque case, and locked within the vehicle when unattended.
- There is a waiting period of up to 30 days to obtain a concealed weapons permit.
Washington state laws include the Washington State Constitution, laws passed by the Washington Legislature (codified in the Revised Code of Washington), and decisions by state courts such as the Washington Supreme Court and Court of Appeals. Federal laws, including the U.S. Constitution and statutes in the U.S. Code, also apply in Washington, as they do across all 50 states.
In Washington, you must be 18 years old to marry without parental consent.
