Is a DUI in Washington State a Misdemeanor or Felony?

Driving under the influence (DUI) in Washington is a serious criminal charge under RCW 46.61.502. Most DUI arrests in Washington are charged as gross misdemeanors, but under certain circumstances a DUI can be elevated to a felony. Whether you are charged with a misdemeanor or felony DUI depends on your prior record and the details of the current case.

For help with your case from our Tacoma, WA DUI defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

What DUI Offenses Are Misdemeanors in Washington?

In most cases, a DUI in Washington is charged as a gross misdemeanor. A gross misdemeanor is more serious than a standard misdemeanor, but less severe than a felony. For many first-time offenders, this is the level of charge they will face.

Situations where a DUI is typically charged as a gross misdemeanor include:

A first-time DUI arrest with a BAC of .08% or higher
A DUI involving THC or another drug without prior felony-level DUI history
A DUI arrest with no injuries, no fatalities, and no serious prior convictions

Even as a misdemeanor, the potential penalties are significant. A conviction for a gross misdemeanor DUI may result in:

Up to 364 days in county jail
Fines of up to $5,000
Mandatory license suspension ranging from 90 days to multiple years depending on prior offenses
Court-ordered alcohol or drug treatment programs
Ignition interlock device requirements that may last months or years

In addition to these penalties, a DUI conviction creates a permanent criminal record. This record can make it harder to secure employment, housing, or professional licenses. It can also increase penalties if you are ever charged with another DUI in the future.

What DUI Offenses Are Felonies in Washington?

Although most DUI cases are charged as misdemeanors, Washington law requires prosecutors to file felony DUI charges under certain conditions. These felony DUIs carry far harsher punishments and more lasting consequences.

Class C Felony DUI

A DUI may be elevated to a class C felony if:

You have three or more prior DUI or DUI-related convictions within 10 years
You have a prior conviction for vehicular assault or vehicular homicide while under the influence
You already have a prior felony DUI conviction

Class C felonies are punishable by up to five years in prison and fines of up to $10,000. The court will also impose license suspensions, ignition interlock requirements, and mandatory treatment programs. Unlike misdemeanor DUIs, felony DUIs almost always involve a state prison sentence instead of county jail.

Other Felony-Level DUI Charges

Some DUI-related cases are prosecuted under separate statutes as felonies, such as:

Vehicular assault while DUI – causing substantial bodily harm while driving under the influence
Vehicular homicide while DUI – causing the death of another person while driving under the influence

These charges are often class B felonies or higher. A conviction can carry up to 10 years in prison for a class B felony, and in the most serious cases, a potential life sentence for a class A felony.

Examples of Misdemeanor vs. Felony DUI

Because it can be difficult to understand how the same type of charge can lead to very different consequences, here are some fictional but realistic examples:

Example 1 (Misdemeanor DUI): John is arrested in Tacoma after being stopped for speeding. His BAC test shows 0.10%, just above the legal limit. He has no prior DUI history. His case is charged as a gross misdemeanor.
Example 2 (Felony DUI): Sarah has three prior DUI convictions from the last eight years. When she is pulled over again in Pierce County and fails a breath test, prosecutors charge her with a class C felony DUI because of her record.
Example 3 (Felony DUI with Injury): Mike crashes into another car while impaired, causing the other driver serious injuries. He is charged with vehicular assault while DUI, a felony offense with much steeper penalties than a standard DUI.
Example 4 (Felony DUI after Vehicular Homicide): Karen was convicted of vehicular homicide while DUI several years ago. She is arrested again for DUI in Tacoma. Even if there was no accident this time, the law allows prosecutors to charge her with a felony DUI because of her prior record.

These examples show why it is so important to know your history and understand how prosecutors may use it against you.

The Consequences of a Felony DUI

A felony DUI conviction can change your life permanently. Some of the consequences include:

Longer prison sentences – often several years in state prison instead of county jail
Higher fines – up to $10,000 for a class C felony, and even higher for more serious felony DUI-related charges
Loss of civil rights – felony convictions can result in the loss of firearm rights and other civil rights
Employment and housing consequences – felonies are harder to explain on background checks, making it more difficult to find jobs or secure housing
Longer license revocations – in many cases, a felony DUI results in multi-year license suspensions or permanent revocation for repeat offenders

Frequently Asked Questions About DUI Charges

Q: If it’s my first DUI, can it ever be a felony?
A: Almost always, a first DUI will be a gross misdemeanor. The only time it could be a felony is if you already have a prior conviction for vehicular homicide or vehicular assault while DUI.

Q: Do out-of-state DUI convictions count toward a felony charge?
A: Yes. Washington law counts prior DUI-related convictions from other states if they are comparable to Washington’s DUI statutes. This means even DUIs from out of state may push a new charge into felony territory.

Q: Can a DUI be reduced from a felony to a misdemeanor?
A: In some cases, plea negotiations may result in reduced charges. However, if the legal requirements for a felony DUI are clearly met, prosecutors often pursue the higher charge. An experienced Tacoma DUI lawyer can help evaluate your options.

Q: What happens to my driver’s license after a DUI?
A: Both misdemeanor and felony DUIs usually result in license suspension. For a misdemeanor DUI, suspensions can range from 90 days to two years. For felony DUIs, suspensions or revocations can last much longer.

Q: How long do DUI convictions stay on my record?
A: DUI convictions remain on your Washington driving record permanently. They also count as priors for at least 7–10 years for charging and sentencing purposes, depending on the law at the time.

What to Do if You Are Arrested for DUI in Washington

If you are facing DUI charges in Tacoma or Pierce County, the steps you take immediately after arrest can affect your case outcome.

Do not give statements to the police. Anything you say can be used against you. Politely request an attorney instead of answering questions.
Contact a DUI defense lawyer right away. An attorney can help determine whether your case should be charged as a misdemeanor or felony and start working on your defense strategy.
Collect evidence. If possible, make notes about the traffic stop, the field sobriety tests, and how officers treated you. These details may be important later.
Do not assume a plea deal is your best choice. Many people accept plea deals quickly without realizing the long-term consequences. Always consult with your attorney first.

Call Our Tacoma DUI Defense Lawyers Today

Whether your DUI is charged as a misdemeanor or felony, the consequences can be serious and long-lasting. A conviction can affect your freedom, your finances, your ability to drive, and your future opportunities.

At the Law Offices of Smith & White, we represent people across Tacoma and Pierce County facing DUI charges. We know Washington DUI law and will work to protect your rights and your future.

Call our Tacoma DUI defense attorneys today at (253) 203-1645 to schedule a free case consultation.