A DUI only becomes a felony with a specific history of prior offenses, and those priors are usually where the strongest defense lives. We look hard at whether every prior conviction the state is counting actually holds up.
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| Situation | Result |
|---|---|
| Four or more prior DUI offenses within 10 years | Class B felony |
| Prior conviction for vehicular homicide while under the influence | Class B felony |
| Prior conviction for vehicular assault while under the influence | Class B felony |
| Prior felony DUI conviction | Class B felony |
Most DUI charges in Washington are gross misdemeanors. A felony DUI is the exception, and it almost always depends on a specific history: four or more prior DUI convictions within the last ten years, or a prior conviction for vehicular homicide, vehicular assault, or an earlier felony DUI. Because it takes that much history to even reach felony territory, these charges are rare, but they carry serious weight once filed, since each prior conviction adds to your offender score at sentencing. That history is also where the strongest defenses usually live. If one of the prior convictions the state is relying on has a legal problem, an improper plea, a jurisdictional issue, a defect in how it was obtained, challenging it can sometimes be the difference between a felony charge and a misdemeanor. This is technical work that requires digging into old case files, not just the facts of your current arrest. Given how much is at stake, a felony DUI is not something to face without experienced help from the start.
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Free consultation. Available 24/7. We quote a flat fee up front and offer payment plans on most cases. The number we quote is the number you pay, no matter how many hearings your case takes.
Cases we handle
Mandatory jail, fines, and license suspension apply even to a first arrest. We fight for a reduction whenever the facts support one.
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Your license can be suspended before your criminal case is even resolved. You have only 20 days to fight it.
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Most DUI charges carry up to 364 days in jail. We build a defense around every stage of the case, not just the arrest.
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A path to a full dismissal for qualifying cases, in exchange for a serious, multi-year treatment commitment.
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Refusing carries its own penalties, but it can also weaken the state's case at trial. We help clients weigh both sides.
Learn more
Mandatory jail, fines, and license suspension apply even to a first arrest. We fight for a reduction whenever the facts support one.
Learn more
Your license can be suspended before your criminal case is even resolved. You have only 20 days to fight it.
Learn more
Most DUI charges carry up to 364 days in jail. We build a defense around every stage of the case, not just the arrest.
Learn more
A path to a full dismissal for qualifying cases, in exchange for a serious, multi-year treatment commitment.
Learn more
Refusing carries its own penalties, but it can also weaken the state's case at trial. We help clients weigh both sides.
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FAQ
Four or more DUI convictions within the past ten years generally elevates the charge to a felony.
Sometimes. Because a felony DUI depends on qualifying prior convictions, successfully challenging one of those priors can drop the charge back down to a misdemeanor. Whether that is possible depends on the specific history the state is relying on and the defenses available in your current case.
A felony DUI is a Class B felony, and the sentence depends heavily on your offender score, which each prior conviction increases. Because the exposure can be substantial, it is important to have an attorney review both the current charge and every prior the state is counting.
Contact us
Free consultation. Available 24/7. We quote a flat fee up front and offer payment plans on most cases. The number we quote is the number you pay, no matter how many hearings your case takes.
