Is a DUI a Felony in Washington?
Driving Under the Influence (DUI) is a serious offense that can have significant consequences in Washington state. In Washington, a DUI can be charged as either a misdemeanor or a felony, depending on the circumstances of the offense. In this article, we will explore when a DUI becomes a felony in Washington and what the consequences are.
When is a DUI a Felony in Washington?
In Washington state, a DUI becomes a felony if the driver is convicted of a fourth or subsequent DUI offense within 10 years. According to RCW 46.61.502, the maximum sentence for a fourth or subsequent DUI offense is 365 days in jail and a fine of up to $5,000.
| Offense Number | Mandatory Minimum Sentence | Maximum Sentence |
|---|---|---|
| First Offense | 364 days in jail, $2,000 fine | |
| Second Offense | 364 days in jail, $3,000 fine | |
| Third Offense | 364 days in jail, $4,000 fine | |
| Fourth Offense or Subsequent Offense | 30 days in jail | 365 days in jail, $5,000 fine |
In addition to the mandatory minimum sentence, the court may also impose a range of other penalties, including community service, participation in a DUI treatment program, and a license suspension.
Other Circumstances Where a DUI can be Charged as a Felony
While a fourth or subsequent DUI offense within 10 years is the most common way a DUI can become a felony in Washington, there are other circumstances where a DUI can be charged as a felony. According to RCW 46.61.520, a DUI can also be charged as a felony if the driver is:
- Convicted of a DUI and a second offense within 10 years (third offense DUI)
- Convicted of a DUI and a subsequent offense while driving with a revoked license
- Convicted of a DUI while transporting a minor
- Convicted of a DUI while fleeing or attempting to elude a police officer
- Convicted of a DUI and caused great bodily harm or death to another person
In these circumstances, the maximum sentence for a DUI can range from 1 to 10 years in prison and a fine of up to $10,000.
Consequences of a Felony DUI Conviction
A felony DUI conviction can have significant consequences, including:
- Jail Time: In addition to the mandatory minimum sentence, a felony DUI conviction can result in significant jail time.
- Fines: The fines associated with a felony DUI conviction can be significant, up to $10,000.
- Loss of Driving Privileges: A felony DUI conviction can result in a lengthy loss of driving privileges, which can impact work, school, and personal responsibilities.
- Crimes against the Vehicle License: A felony DUI conviction can also result in the revocation of the offender’s vehicle license, which can make it difficult to obtain or maintain employment or participate in daily activities.
How to Avoid a Felony DUI Conviction
If you have been charged with a DUI, it is important to understand the potential consequences and take steps to minimize the impact. Some ways to avoid a felony DUI conviction include:
- Genuinely Contesting the Charge: If you feel that the charges against you are not justified, consider contesting the charge.
- Pleading to a Misdemeanor: In some cases, it may be possible to plead guilty to a misdemeanor DUI offense, which carries less severe penalties.
- Taking a DUI Program: Taking a DUI treatment program or education course may help mitigate the consequences of a DUI conviction.
- Cooperating with Law Enforcement: Cooperating with law enforcement and providing accurate information can help demonstrate that you are taking the situation seriously and may be considered during sentencing.
In conclusion, a DUI can be charged as a felony in Washington state under certain circumstances. It is important to understand the potential consequences and take steps to minimize the impact if you have been charged with a DUI. It is also important to remember that a DUI conviction, whether misdemeanor or felony, can have serious consequences for your future. If you have been charged with a DUI, it is important to consult with a qualified attorney to understand your options and receive guidance on how to move forward.
