Washington law allows DUI charges to become felonies in certain situations, carrying steep penalties like years in prison and costly fines. This article will cover some factors that elevate a DUI to felony status and explore defense options to help those facing these serious accusations.
When Is a DUI a Felony in Washington?
Most DUI charges in Washington are classified as misdemeanors, but a DUI can become a felony if specific conditions apply:
- Multiple DUI Offenses: A fourth DUI within 10 years is automatically charged as a felony.
- Serious Injury or Death: If a DUI results in serious bodily harm or a fatality, it is considered a felony.
- Prior Felony DUI: If the driver has a previous felony DUI conviction, any subsequent DUI will also be charged as a felony.
- Commercial Vehicle DUI: A DUI while operating a commercial vehicle can result in felony charges, especially if aggravating factors are present.
Penalties for Felony DUI in Washington
The penalties for felony DUI depend on the severity of the offense:
- Class C Felony (Fourth DUI Conviction)
- Up to 5 years in prison
- A fine of up to $10,000
- Driver’s license suspension for 1–3 years
- Class B Felony (DUI Causing Serious Injury or Death)
- Up to 10 years in prison
- A fine of up to $20,000
In addition to these penalties, a felony DUI conviction can lead to permanent criminal records, increased insurance rates, and limitations on employment opportunities.
Defenses Against Felony DUI Charges in Washington
A strong defense can seriously affect the outcome of a felony DUI case. Some common defense strategies include:
- Challenging Blood Alcohol Content (BAC) Results: If your BAC was below .08 or the testing equipment was faulty, the charge may be dismissed or reduced.
- Disputing Physical Control: If you were not actually driving or in control of the vehicle, the prosecution may struggle to prove DUI charges.
- Challenging Law Enforcement Actions: If police violate your rights, evidence may be suppressed, weakening the prosecution’s case.
Examples include:
- Arrests made without probable cause
- Coerced confessions
- Unlawful searches and seizures
An experienced defense lawyer can assess the circumstances of your case and build a defense strategy tailored to your situation.
Protect Your Future with Snohomish Law
A felony DUI charge can turn your life upside down, but the right legal defense can make all the difference. Philip Wakefield of Snohomish Law is dedicated to fighting for his clients and ensuring they get the best possible outcome.
If you or a loved one is facing felony DUI charges in Snohomish County, don’t wait. Contact Snohomish Law today for a consultation and start building your defense.
