Most DUI charges are misdemeanors and not felonies. Gross misdemeanors in Washington State have a maximum penalty of 364 days in jail and a $5,000 fine. Felony DUI’s are a Class B crime and have a maximum penalty of up to 10 years in prison and a $20,000 fine. Convictions also include license suspensions, probation, ignition interlock requirements and alcohol/drug treatment.
There are two ways a DUI arrest can be elevated from a misdemeanor to a felony. The first way is when you have three or more prior offenses within the prior ten years. A prior offense, as defined by RCW 46.61.5055, is a conviction for DUI or Physical Control of a Motor Vehicle under the Influence. A prior offense can also be a conviction for Reckless Driving, Reckless Endangerment or Negligent Driving First Degree that was amended from a DUI or Physical Control charge. Generally, a fourth DUI arrest within 10 years will be charged as a felony. However, sometimes there are charging errors, so you must check the prior resolutions to be sure.
The other way a new DUI arrest can be a felony is if you have ever been convicted for an alcohol or drug related Vehicular Assault or Vehicular Homicide. This is a lifetime look back period. There are different types of Vehicular Assault and Vehicular Homicide charges. Having a conviction for one of these two charges does not necessarily trigger a new DUI being elevated to a felony. Prosecutors often assume old vehicular assault or vehicular homicide convictions are qualifying priors. This is why it’s so important to consult with an experienced DUI attorney immediately.
If you or someone you care about is facing a DUI, then contact the attorneys at Cooney Law Offices today. Let their experience guide you to the best possible outcome. Cooney Law Offices. We can help!