Is a Washington DUI a Felony or a Misdemeanor?

People facing a Washington DUI are often concerned about whether the charge is a felony - punishable by a year or more in prison - or a misdemeanor.

While Washington has some of the strictest DUI laws in the country, unless there are extenuating circumstances a first-time DUI is usually not a felony.

However, there are a number of factors that can raise a charge to a felony. Chief among these are prior convictions. Out-of-state convictions for comparable offenses will also be used in Washington for purposes of determining whether driving under the influence will be charged as a felony.

Washington Felony DUI for Fourth-in-Ten Years

A Washington DUI will be charged as a felony DUI if it is the fourth DUI or physical control charge in 10 years, if the defendant has ever been convicted of vehicular homicide or vehicular assault while under the influence of drugs or alcohol, or if the defendant has ever been previously convicted of a felony DUI.

Washington Felony DUI for Prior Offenses

The most common reason a Washington DUI will be charged as a felony DUI is if a defendant has certain prior offenses. Under RCW 46.61.5055(14), the following prior offenses elevate a DUI to a felony DUI, whether committed under state or local law or in violation of a comparable out-of-state law:

• DUI
• Physical control
• Driving a commercial vehicle with the presence of alcohol or THC in the system
• Operating a vessel while under the influence of alcohol, marijuana, or drugs (Boating Under the Influence)
• Operating an aircraft while under the influence of alcohol, marijuana, or drugs
• Operating a non-highway vehicle while under the influence of alcohol, marijuana, or drugs
• Vehicular homicide while under the influence of alcohol, marijuana, or drugs
• Vehicular assault while under the influence of alcohol, marijuana, or drugs
• Negligent driving in the first degree if it was originally charged as a DUI, Physical Control, Vehicular Homicide While Under the Influence, or Vehicular Assault While Under the Influence
• Reckless driving if it was originally charged as a DUI, Physical Control, Vehicular Homicide While Under the Influence, or Vehicular Assault While Under the Influence
• Reckless endangerment if it was originally charged as a DUI, Physical Control, Vehicular Homicide While Under the Influence, or Vehicular Assault While Under the Influence
• Operating a snowmobile recklessly while under the influence of alcohol, marijuana, or drugs
• A deferred prosecution for DUI or Physical Control
• A deferred prosecution for Negligent Driving in the First Degree, Reckless Driving, or Reckless Endangerment if originally charged as a DUI, Physical Control, Vehicular Homicide While Under the Influence, or Vehicular Assault While Under the Influence

Penalties for a Washington Felony DUI

Washington felony DUI is now a class B offense, punishable by up to 10 years in prison and a fine of up to $20,000. The sentence will be calculated using an offender score, which is based on points for the type of crime committed, the severity of the crime, and prior convictions.

Conviction for a Washington felony DUI will also result in a mandatory license suspension. A defendant may be eligible for installation of an Ignition Interlock Device (IID) that will allow the driver to have work privileges.

Charged with a Washington Felony DUI? Hire an Experienced DUI Defense Lawyer

If you or someone you care about is facing a felony DUI in Washington, it is imperative that you seek the assistance of a qualified defense attorney as quickly as possible.

A felony DUI is a serious charge; however, the severity of a conviction can be mitigated by a strong defense.

A DUI defense attorney might be able to have the charges reduced, negotiate a lighter sentence, or even have the case dismissed.

Washington defense attorney Justin Campbell has helped hundreds of people in Anacortes, Mount Vernon, Burlington, and Sedro-Woolley, as well as Oak Harbor, Coupeville, Langley, Freeland, Clinton, and Friday Harbor who have been charged with a DUI.

Contact attorney Justin Campbell today by calling (360) 588-4111, email info@lawjrc.com, or complete our online form to schedule a free 90-minute consultation to discuss your case.