Is a DUI a Felony in Washington?

If you’ve been charged with a DUI in Washington State—or you’re concerned you could be—you need to begin with a clear understanding of the potential charges you might face. One of the most important factors is the difference between misdemeanor and felony DUI.

Let’s tackle the most basic question head on: Is a DUI a felony in Washington?

In most cases, a DUI is considered a misdemeanor. However, it can be a felony if aggravating circumstances are involved, such as a prior DUI conviction, whether there were minors present, and the severity of the incident.¹

Below, we’ll provide clarity on when a DUI is deemed a felony, and the legal implications that come with that label. Whether you’re seeking information for personal awareness or assisting someone else facing DUI charges, we’ll empower you with the knowledge you need to steer through the legal system in the Evergreen State.

Understanding DUI Laws in Washington State

So, what is a DUI in Washington State? In Washington, driving under the influence (DUI) means operating a vehicle while impaired by alcohol, drugs, or both. In this case, drugs doesn’t just refer to illegal substances. Legal drugs, both over-the-counter and prescription, can also lead to a DUI if they affect your ability to control your vehicle.²

Washington law defines DUI through factors such as blood alcohol levels (BAC) or blood THC levels, which play a crucial role in determining the severity of the offense.

You may be charged with a DUI if a breathalyzer or blood test shows your BAC to be over the following limits³:

• .08 for adults age 21 and over
• .04 if you are a commercial vehicle driver
• .02 for minors under age 21

For THC, the legal limit is 5 nanograms of THC per milliliter of blood within two hours of driving. You can also be charged with DUI if you appear to be intoxicated or affected by alcohol or drugs, even if your BAC or THC level is under the legal limit.

Is a DUI a Felony in Washington State?

A DUI is always a serious charge, but depending on the circumstances, it may be either a misdemeanor or a felony. So when is a DUI a felony in WA? The major factors that affect how a DUI is classified are:

• Previous DUIs – If you’ve been charged with three or more DUIs in the past 10 years, you could be charged with a felony.
• Severity of the incident – If the current incident caused serious injuries or deaths, your DUI could result in a felony.

When a DUI Is a Misdemeanor

In Washington State, a DUI without aggravating factors will usually be considered a gross misdemeanor. If you’re convicted of a misdemeanor DUI in Washington, your license will be suspended for anywhere from 90 days up to 4 years. To determine the length of the suspension, the court will consider your history of prior offense and the severity of the current incident.³

During the time of your suspension, you may still be allowed to drive under a restricted license if you install an Ignition Interlock in Washington and apply for an Ignition Interlock Driver License (IIL).⁴ Just be sure to take note of the Ignition Interlock violation penalties in Washington State.

When Is a DUI a Felony?

Under Washington State law, a DUI will be classified as a felony if the driver has three or more DUI convictions in the last 10 years. The fourth DUI charge in 10 years will be considered a felony. However, even your DUI Washington state first offense can be charged as a felony if the incident caused serious injury or death.

A Washington DUI will also be considered a felony if⁵:

• The driver has a previous conviction for DUI that resulted in serious injury or death
• The driver was previously convicted of felony DUI—any further DUIs will also be charged as felonies

What Are the Penalties for a Felony Conviction?

The Washington State DUI penalties for a felony charge depend on whether the felony is class A, B, or C. Here is the breakdown of felony DUI classes:

• Class C felony – If a driver has four or more DUIs in ten years, the fourth DUI will be a felony, but may be either class C or class B (if no other aggravating factors are present, such as bodily harm to another person). A class C felony carries a penalty of up to 5 years in prison and a fine of up to $10,000.
• Class B felony – When a DUI involves serious injury to another person, it’s considered vehicular assault. This makes the difference between a class B and a class C felony DUI charge. The penalty for a class B penalty is more severe: Up to 10 years in prison and a fine of up to $20,000.
• Class A felony – A DUI incident that causes the death of another person is considered vehicular homicide. This is a Washington felony DUI charge and may carry a penalty of life in prison and a fine of $50,000.

The Road Ahead After DUI in Washington State

In most cases, a DUI charge in Washington State will result in a misdemeanor charge. In incidents involving serious harm or death, the DUI offense becomes a felony. If it’s not your first DUI, a felony charge is possible.

While handling the consequences of a DUI is always challenging, you can take steps to help your situation.

Installing an Ignition Interlock Device is a good first step towards getting yourself back on the road. Washington State DUI law requires drivers to pay the costs of installing, leasing, and maintaining their own IIDs. But with Smart Start, this process is easy and affordable. Contact us today for your custom quote.

Sources: 

1. HG Legal Resources. The different levels of DUI. https://www.hg.org/legal-articles/the-different-levels-of-dui-23966
2. HG Legal Resources. The consequences of a dui drug conviction in Washington State. https://www.hg.org/legal-articles/the-consequences-of-a-dui-drug-conviction-in-washington-state-23372
3. Washington State Department of Licensing. DUI (driving under the influence). https://www.dol.wa.gov/driver-licenses-and-permits/suspended-license/types-driver-license-suspensions/dui-driving-under-influence
4. Washington State Department of Licensing. Ignition Interlock Driver License (IIL). https://www.dol.wa.gov/driver-licenses-and-permits/suspended-license/types-driver-license-suspensions/restricted-driver-licenses/ignition-interlock-driver-license-iil
5. Burg and Lantz DUI Defense. Everything DUI/DWI in WA state. https://www.duiwashington.com/dui-dwi-in-washington-state
6. Driving Laws. Washington’s DUI laws and penalties.  https://dui.drivinglaws.org/washington.php

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