What Constitutes a Felony DUI Charge?
Posted By Seattle Criminal Defense Lawyer on Nov 21, 2011 10:00am PST
While many DUI charges are considered a misdemeanor offense, according to the law, they are still very serious crimes that can be penalized by imprisonment and fines, among many other criminal and personal consequences.
When a new law was passed in the state of Washington in 2007, it stated that certain DUI charges will now be prosecuted as a felony crime. These include the following:
- A defendant has 4 prior DUI charges. This includes a conviction or a successfully completed deferred prosecution. It can also include convictions for negligent driving in the first degree, reckless driving and reckless endangerment.
- A defendant commits vehicular assault in which another person involved suffers substantial bodily harm while on drugs or drunk.
- A defendant has a prior vehicular assault or vehicular homicide charge. If a person has already been convicted of this offense in the past, a DUI will most likely be charged as a felony.
- A defendant commits vehicular homicide while under the influence of drugs or alcohol.
It is also important to keep in mind that how a DUI charge will be penalized is usually up to the discretion of the judge and prosecutor. A prosecutor will most likely always fight for maximum or even enhanced penalties where they see applicable.
Having a Seattle DUI defense lawyer to help you through this will be pivotal. Without an attorney, you will most likely face a conviction, which can ruin your entire future. Facing even your first DUI offense can result in jail time and fines, in addition to license suspension.
You may be mandated by the court to attend drug or alcohol awareness classes if they feel that this is necessary as well.
For more information and to get the defense that your felony DUI case needs,
contact a Seattle criminal defense attorney from Baker, Lewis, Schwisow & Laws, PLLC today.