Is DUI a Felony in Washington State?
Washington state takes drunk driving very seriously, and the penalties for Driving Under the Influence (DUI) can be severe. But is DUI a felony in Washington state? Let’s dive into the answer and explore the nuances of DUI laws in the Evergreen State.
Short Answer:
DUI is not always a felony in Washington state. Depending on the circumstances, it can be classified as a gross misdemeanor or a felony.
Gross Misdemeanor vs. Felony:
Before we dive into the details, it’s essential to understand the difference between a gross misdemeanor and a felony in Washington state:
| Gross Misdemeanor | Felony | |
|---|---|---|
| Sentence | Up to 364 days in jail, $5,000 fine | Up to 5 years in prison, $10,000 fine |
| Potential Impact | May not have as significant an impact on career, education, and reputation | Can have long-lasting consequences on employment, education, and reputation |
DUI Charges:
In Washington state, a DUI charge can be filed as either a gross misdemeanor or a felony. Here are the criteria that determine which charge is pursued:
- Gross Misdemeanor:
- BAC of 0.08% or higher (for drivers 21 or older)
- BAC of 0.02% or higher (for drivers under 21)
- No accidents, injuries, or fatalities occurred
- Felony:
- Third or subsequent DUI conviction within a 7-year period
- Injury or death occurred as a result of the DUI incident
- Serious bodily harm or physical injury occurred to a vulnerable person (e.g., child, elderly)
Felony DUI Charges:
When a DUI is charged as a felony, the penalties are much more severe. Some key consequences of a felony DUI charge in Washington state include:
- Jail Time: Up to 5 years in prison
- Fines: Up to $10,000
- Loss of Licenses: For up to 5 years
- Mandatory Minimum Sentencing: 3 months in jail
- Ignition Interlock: Mandatory installation for 1 year
Additional Penalties:
Even if a DUI is not charged as a felony, additional penalties may still apply, including:
- Loss of Licenses: 90-day to 1-year suspension or revocation
- Fines: Up to $5,000
- Jail Time: Up to 364 days
- Mandatory Impaired Driving Treatment Program: Up to 2 years
- Vehicle Impoundment: Mandatory 30-day impound
Conclusion:
Is DUI a felony in Washington state? Not always, but it depends on the circumstances. While a standard DUI charge may be classified as a gross misdemeanor, a third or subsequent offense, or one involving injury or death, can lead to a felony charge with much more severe penalties. It’s essential to understand the laws and consequences surrounding DUI in Washington state to avoid the potentially devastating impacts on your life.
Additional Resources:
For more information on DUI laws and penalties in Washington state, visit the following resources:
- Washington State Patrol: www.wsp.wa.gov
- Washington State Department of Licensing: www.dol.wa.gov
- Washington State Legislature: www.leg.wa.gov
