Typically, DUI offenses in Washington are charged as misdemeanor crimes. However, after repeated DUIs or DUIs involving bodily injury, they will be charged as felony DUIs. Felony DUIs carry heavy criminal and social consequences, ranging from fines, jail time, loss of driver’s license, and a felony criminal record.
DUI offenses in Washington that relate to a Felony charge
A DUI in Washington will rise to a class C felony if you have four or more prior offenses within ten years or you have ever previously been convicted of vehicular homicide resulting from a DUI in Washington, or vehicular assault resulting from a DUI in Washington. The felony DUI sentence ranges from 22-29 months in prison. You will be required to attend alcohol treatment programs while in jail, and are not eligible for any work furlough program. Also, you will be subject to a mandatory license suspension and ignition lock installation.
If you are charged with a Vehicular Homicide DUI, you are facing a Class A felony that carries a maximum of life in prison and a $50,000 fine. If you are charged with Vehicular Assault resulting from a DUI(a charge used when injury is involved), then you are facing a Class B felony that carries a 10 year maximum prison sentence and $10,000 maximum fine.
Arrest and Court Procedures,
At the time of your arrest, you may be placed in jail until bail is posted or you appear before the judge. If it is a simple DUI misdemeanor arrest, you will usually be booked and be free to leave, assuming you have someone who can drive you home. In the case of a felony DUI, you may be allowed to be released pending your hearing, or you will be taken into custody. At this preliminary hearing, called an arraignment, you will enter a guilty or not guilty plea. From there, you will go to a pretrial conference to negotiate a possible early resolution of the case, or go on to trial. Early resolutions are encouraged so as to get the case off the calendar and reach a solution that will please the prosecution and the defendant. Once at trial, you will present evidence in your favor, and the prosecution will present its evidence as well. If you are convicted, you will receive your sentence at the end of trial.
Effect on Records and Employment,
A DUI in Washington will stay on your driving record forever, which may jeopardize any chances you have at getting a job that requires extensive driving. Also, because it is a felony, the DUI will show up on your criminal record when background checks are done. Once you have completed probation and paid your fines, it may be possible to have the court make an expungement of the DUI off your criminal record. While the court does not have to automatically do so, it will look at your criminal history and your performance on probation to see if you are deserving of an expungement. Until your record is sealed, you have to report the felony to your employer or potential employer if asked.
DMV/DUI Implications for Felony DUIs,
Based on your prior offenses, you will likely face a minimum 2 year suspended license if you have had your license suspended previously in the past 7 years. The minimum and maximum suspension period is between 90 days and 4 years. With any felony DUI, you will be required to install an electronic ignition lock on your vehicle for 5 years if you’ve previously had one, and 10 years if you’ve had two before.
If, at the time of arrest, you refuse to submit to testing, you will receive a mandatory 1 year suspended license to be added to any penalty the court requires. A 2 year suspended license will be mandated if you’ve previously refused in the past 7 years.
Felony DUI Defense Options,
At your hearing, you can plead guilty, not guilty, or no contest (essentially a guilty plea that you do not admit to). If you plea not guilty, some of the likely defense options will include: pleading to a lesser charge, challenging the results of the sobriety tests based on defect or error, medication effect that results in a false positive, and many others. These defense options are best explained and argued by experienced DUI lawyers.
Getting Help from a Lawyer
If you are charged with a felony DUI, the most important thing to do is to retain an experienced DUI lawyer to handle your matter and ensure that your rights are protected. Without a lawyer to help, you may plea to an agreement that is not in your favor, and jeopardize your chances of getting a lesser sentence and expunge your record at a later date. Having an experienced DUI lawyer may help you beat your DUI charge if the facts and circumstances support a defense possibility.
