Felony DUI.
In recent years, Washington has implemented a felony DUI statute in its effort to combat repeat drunk driving. Currently, Washington law states that any of four qualifying offenses in a 10 year period will result in felony charfes. However, every year the legislature considers and often proposes amendments to this law. Consequently, it is anticipated that at some point in the near future, the look back period for prior offenses will be defined as "within a lifetime."
In Washington, you can be charged with a Felony DUI if you have:
- Three of more DUI convictions in the last 10 years, or;
- Three or more prior offenses as defined by the DUI sentencing statute, which will include Negligent Driving 1st Degree, Reckless Driving and Reckless Endangerment where the original charge was DUI, in the last 10 years, or;
- Have previously been convicted, at any time, of Vehicular Assault by DUI, or;
- Have previously been convicted, at any time, of Vehicular Homicide by DUI, or;
- Have any combination of these offenses from other states
A felony DUI is a class C offense, punishable by up to 5 years in prison and a $10,000 fine. A person convicted of a felony DUI faces anywhere from 15-20+ months in prison depending on the number of prior offenses. You can't just rely on any DUI defense attorney if you are possibly being charged with a Felony DUI. You need an attorney with the credentials and the experience necessary to achieve a positive result.
Washington's DUI Statute reads as follows:
(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of marijuana after the time of driving and before the administration of an analysis of the person's blood to cause the defendant's THC concentration to be 5.00 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by marijuana in violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class B felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has three or more prior offenses within ten years as defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);
(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.504(6).
Washington's Physical Control Statute has a similar provision for defining a Felony Impaired Driving offense. Put in other terms, if you have previously been convicted of:
- Three of more DUI convictions in the last 10 years, or;
- Three or more prior offenses as defined by the DUI sentencing statute, which will include Negligent Driving 1st Degree, Reckless Driving and Reckless Endangerment where the original charge was DUI, in the last 10 years, or
- Have previously been convicted, at any time, of Vehicular Assault by DUI, or;
- Have previously been convicted, at any time, of Vehicular Homicide by DUI, or;
- Have any combination of these offenses from other states
You will be charged with Felony DUI. This is not your typical DUI case. There is too much at stake to rely on just any DUI attorney. You need the experience, the credentials and the knowledge necessary to assist you.