Felony DUI Attorney in King County, WA

Understanding Felony DUI Laws

Driving under the influence (DUI) of drugs or alcohol can be a felony charge in the State of Washington. While DUI is typically a gross misdemeanor, when other circumstances exist, the offense can also be considered a felony. The penalties for a felony DUI are extremely serious, with major impacts on your finances and freedoms.

If you have been charged with a King County DUI, you must take action immediately. A felony DUI conviction could result in a lengthy prison sentence, probation, and steep fines. The damage to your personal and professional reputation can also impede your ability to obtain gainful employment and attain your life goals. Contact our King County law office today to learn more about our legal services and how we can assist you.

What Legal Elements Must Exist to Be Convicted of a Washington DUI?

To be convicted of a Washington DUI charge, the prosecutor has to prove each of the elements of the offense beyond a reasonable doubt. The state must demonstrate that your ability to operate a motor vehicle safely was “lessened in any appreciable degree.”

These elements include that you either:

Operated a motor vehicle and your breath or blood test resulted in a blood alcohol content (BAC) level of 0.08 percent or higher within 2 hours of driving (DUI per se); or
Operated a motor vehicle while affected by drugs, alcohol, or any combination of the two

The prosecutor must prove that you were either operating the vehicle (e.g., driving) or had physical control of the vehicle.

If you refused to take a breath or blood test, or the equipment malfunctioned, the state may still be able to obtain a conviction by presenting evidence that the driver was “affected by” alcohol or drugs. Some common evidence that prosecutors often use includes dash cam footage of drifting between lanes, performing poorly on field sobriety tests, or physical signs of intoxication such as slurred speech.

What is the Difference Between a DUI Misdemeanor and a Gross Misdemeanor?

Most DUI cases in Washington are considered gross misdemeanors and are subject to the associated penalty ranges.

If a DUI is for an under-21 DUI and within the 0.02% to under 0.08% range, it will still be a simple misdemeanor. Otherwise, it is likely a gross misdemeanor. If you are not sure about whether you face a regular misdemeanor, gross misdemeanor, or felony DUI, an experienced Washington DUI attorney can answer your questions.

When is a DUI Charged as a Felony in Washington State?

A DUI is a felony when any of the following factors are present:

You have been convicted of 3 previous DUIs within 15 years
You have previously been convicted of another felony DUI; or
You have either a prior DUI-related vehicular homicide or vehicular assault

It is worth emphasizing that before 2026, the lookback period was only 10 years. Due to recent legislative changes, the look-back period has now been extended to 15 years, allowing law enforcement to charge what would have previously been a misdemeanor as a felony. Other issues that could lead to felony DUI charges include physical control convictions, deferred prosecutions, even if they were completed. If you had a previous DUI charge reduced to “wet reckless” or negligent driving 1st degree, you could still be charged with a felony DUI.

What Part Do Prior DUI Offenses Play in Felony DUI Charges?

Like many other jurisdictions, the State of Washington has decided that a certain number of prior DUI convictions or other prior offenses can result in a felony rather than a typical gross misdemeanor. In this state, three prior convictions can lead to felony charges.

That means that if this is your 4th alleged DUI, you now face a felony charge. The number of charges must have occurred within 15 years.

A DUI is not the only prior offense that can accumulate to create a felony charge. A DUI can be charged as a felony if you have previously been convicted three or more times of any of the following criminal activity:

DUI or being in physical control while under the influence of drugs and/or alcohol
Reckless driving, Reckless Endangerment, or Negligent Driving in the First Degree, if reduced from the original DUI charge
Operating a vessel under the influence of drugs or alcohol
Recklessly operating a vessel is reduced to operating a vessel under the influence
Operating an aircraft under the influence
Recklessly operating an aircraft was originally filed as operating under the influence
Operating a non-highway vehicle under the influence
Operating a snowmobile under the influence
Vehicular Assault
Vehicular Homicide
Similar out-of-state convictions; and
Entry into a deferred prosecution for any of the above offenses, whether or not completed

How Can Prior DUI Convictions for DUI Vehicular Assault or Homicide Result in Felony Charges?

Prior DUI offenses for vehicular assault or homicide can easily result in felony charges. State prosecutors are allowed to use previous DUI vehicular assault or vehicular homicide convictions against defendants charged with new offenses.

DUI Vehicular Assault

If a person has been charged with a vehicular assault that was related to a person driving under the influence of drugs or alcohol in the past, the charge will also be a felony. A vehicular assault occurs when someone driving under the influence causes someone else to experience substantial bodily harm. Substantial harm includes any of the following:

Temporary yet substantial impairment or loss of an organ or body part
Temporary yet substantial disfigurement
A fracture

Unlike the prior DUI offenses category, a previous conviction for DUI vehicular assault is not limited to the last 15 years, nor does it require 3 prior offenses. In fact, if you were ever convicted of DUI vehicular assault, even once, your current DUI charge is now a felony.

DUI Vehicular Homicide

The same is true of a prior charge of vehicular homicide. A single charge in your entire life will result in a current DUI charge being a felony DUI.

Vehicular homicide occurs when a person causes the death of a victim as a result of the use of a motor vehicle. Death can occur even within 3 years of the accident taking place.

What are the Penalties for a Felony DUI Conviction?

Penalties for a felony DUI in Washington depend on several factors. To determine the exact sentence within that range, the judge will assess the defendant’s offender score. An offender score is determined by taking into consideration such factors as:

The severity of the crime
The defendant’s prior convictions; and
The type of crime.

Judges are also able to consider other relevant factors when determining the final sentence. State law also mandates a minimum jail term for a felony conviction.

Class C Felony DUI Conviction

A felony DUI is a Class C felony in Washington State.

If convicted of the Class C felony offense, a person faces the following potential penalties:

A prison term for a maximum duration of up to 5 years
A maximum possible fine of up to $10,000; and
A driver’s license suspension of 1 to 3 years.

Class B Felony DUI Conviction

You can also be charged and convicted of a Class B felony DUI if you have a prior felony DUI or a conviction for causing serious injury or death. Criminal penalties include:

A prison term of a maximum duration of up to 10 years
A maximum possible fine of up to $20,000; and
A driver’s license suspension of 1 to 3 years.

Depending on the circumstances involved in the case, a judge could also sentence you to serve five years of probation.

Aside from the criminal penalties, you will also face “collateral consequences,” including a permanent criminal record, the requirement to carry SR-22 high-risk insurance, and mandatory alcohol and drug treatment.

How Can a King County DUI Lawyer Defend Me Against a Felony DUI Charge?

Facing the potential consequences of DUI penalties can be a frightening experience. Even so, just because you are charged with a crime does not mean you will be found guilty of a felony DUI. Several defenses can be raised on your behalf to protect your rights, including but not limited to:

Challenge Blood and Breath Tests: These “tests” are not always accurate and must be performed under very specific procedures. Failure to follow these specific procedures can result in the test evidence being thrown out.
Unconstitutional Stops or Searches: When the initial traffic stop is unconstitutionally performed, it can be the basis for a challenge or a suppression motion. The same is true for searches of either your person or your vehicle. Suppressed evidence cannot be used against you in court.
Challenge Field Sobriety Tests: Field sobriety tests, such as the walk-and-turn test, are highly inaccurate and often result in false positives. Juries can be shown this to help challenge the case against you.
Challenging Prior Convictions: A prior arrest is not a conviction, and prosecutors sometimes make this mistake. You may not need to face felony charges; you may instead face only misdemeanor DUI charges.

One of the most significant advantages of hiring a King County DUI lawyer is that they will develop a custom-tailored defense strategy that provides maximum results. Because no two cases are alike, your attorney must develop a solid legal defense based on the specific facts of your case.

Do Prosecutors Ever Drop Felony DUI Charges Down to Misdemeanors?

Clients often ask if prosecutors are willing to lower a felony DUI charge to a misdemeanor offense. While the answer is yes, a Washington state prosecutor is sometimes willing to consider a charge reduction or to drop the case entirely, there is no guarantee that this will occur. Having a felony DUI lawyer act as your legal advocate to negotiate a plea agreement is essential to avoiding prison or jail time.

When you hire an attorney, their first step will be to carefully evaluate the state’s case to assess its strengths and weaknesses. If your attorney can point out weaknesses in the case, such as proof of faulty testing equipment or that your rights were violated, the prosecutor may be willing to dismiss or reduce charges to avoid losing at trial.

One of the most common actions that prosecutors are often willing to take is to downgrade a felony DUI to a gross misdemeanor or reckless driving. If your DUI case did not result in property damage or anyone suffering serious injuries, you stand a greater chance of possibly having your charges reduced.

As a reminder, even if your attorney can successfully negotiate with the prosecutor to have a felony DUI reduced to a misdemeanor, a conviction cannot be expunged or vacated, and it will remain on your permanent driving record. For these reasons, having an attorney who will try to have the charges dismissed entirely is essential to putting a felony DUI charge behind you so you can focus on your future priorities.

Consult Our Washington Felony DUI Lawyers to Protect Your Rights and Freedom

If you or someone you care about has been arrested for felony DUI in Washington, you need an experienced DUI lawyer to defend your case and protect your constitutional rights. Our Western Washington state law firm is dedicated to helping our clients when they need it most. When you come to us for legal assistance, we will work diligently to build a robust legal defense strategy to try to disprove the state’s case.

If you have questions about our legal services or are ready to get started on your legal defense, experienced DUI lawyer James Curtis at The Curtis Firm can help with your criminal case. Contact us today at 253-649-2426 for a consultation.