There are certain circumstances under Washington law in which a driving under the influence (DUI) charge might lead to a felony conviction (for example, if the conviction is your fourth DUI conviction). A felony DUI conviction can result in serious consequences, including a state prison sentence of up to 10 years. Please contact a skilled DUI attorney now if you are facing any type of driving while intoxicated charge.

How Does Washington Law Define “Felony DUI”?

In Washington state, a DUI is considered a felony (as opposed to a misdemeanor) in certain circumstances. These include:
  • Multiple DUIs: If a driver has three or more DUIs within 10 years, the fourth DUI is a felony.
  • Previous DUI resulting in serious injury or death: A DUI that results in serious injury or death to another person is a felony.
  • Previous felony DUI: A DUI is a felony if the driver has a previous conviction for felony DUI.
  • Commercial driving: A DUI while driving a commercial vehicle is a felony. 

What are the Penalties?

The penalties for a felony DUI will most likely vary depending on the facts of your case. For example, a fourth DUI conviction is considered a Class C felony. A Class C felony is punishable by:

  • Up to 5 years in prison,
  • A fine of up to $10,000, and
  • A driver’s license suspension of 1 to 3 years.

In comparison, a DUI that involves serious injury to another person is considered a Class B felony. A Class B felony is punishable by:

  • Up to 10 years in prison, and/or
  • A fine of up to $20,000.

Can a Defendant Raise a Legal Defense?

Yes. You have the right to challenge a felony DUI charge with a legal defense. A common defense is for you to show that you were not guilty of “driving while intoxicated.” For example, maybe you were driving with a blood alcohol concentration (BAC) under the legal limit of .08. Or, maybe you were not technically driving a car or in physical control of one.

Note as well that your criminal defense attorney can help you contest a charge by showing that the police somehow violated your rights. Here, your lawyer can try to prove that the police:

  • Arrested you without probable cause,
  • Coerced a confession, or
  • Conducted an unlawful search and seizure.

If any of these are true, your defense attorney can move the court to reduce your DUI charge or drop it altogether.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a felony DUI charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on various DUI charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!