What can a DUI be Reduced to in Washington State

A DUI in Washington is a serious criminal charge with lasting consequences. However, not every DUI charge ends in a conviction for driving under the influence. Depending on the facts, your history, and the prosecutor’s discretion, a DUI may sometimes be reduced to a lesser charge. In Tacoma, Pierce County, and across Washington State, the most common reductions are reckless driving or negligent driving in the first degree.

If you are facing a DUI charge in Washington, it is important to understand your options and the potential impact of a reduced charge. For help with your case from our Tacoma, WA DUI defense attorneys, call the Law Offices of Smith & White at (253) 203-1645.

Can a DUI Be Reduced in Washington?

DUI charges in Washington are gross misdemeanors, but the penalties are among the harshest for any misdemeanor offense. Jail time, fines, mandatory license suspension, ignition interlock requirements, and long-term insurance impacts are all possible.

Because of these high stakes, defense attorneys often negotiate with prosecutors to seek a reduction to a less serious offense. Whether this is possible depends on:

The strength of the prosecution’s evidence
Your blood alcohol concentration (BAC) level
Your prior DUI history
The presence or absence of aggravating factors, such as an accident or child in the vehicle
How the local prosecutor’s office in Pierce County or surrounding counties handles DUI negotiations

DUI Reduced to Reckless Driving in Washington

One of the most common reductions is from DUI to reckless driving. Reckless driving under RCW 46.61.500 is a gross misdemeanor that involves driving with willful or wanton disregard for safety.

Reckless driving convictions still carry penalties, but they are less severe than DUI:

Up to 364 days in jail and a $5,000 fine
A 30-day driver’s license suspension (compared to much longer suspensions for DUI)
Possible requirement for SR-22 insurance
In some cases, no ignition interlock device requirement for a first offense

Prosecutors may agree to a reckless driving reduction if the BAC was just above the legal limit, if there are problems with the testing procedure, or if the driver has no prior record.

DUI Reduced to Negligent Driving in the First Degree

Another possible reduction is negligent driving in the first degree, or “Neg 1,” under RCW 46.61.5249. Neg 1 is a simple misdemeanor, making it less serious than DUI or reckless driving.

Negligent driving in the first degree applies when someone drives in a negligent manner while showing signs of alcohol or drug consumption, but the evidence is not strong enough to prove actual impairment.

Penalties for Neg 1 include:

Up to 90 days in jail
A maximum fine of $1,000
No mandatory license suspension from the criminal court conviction (though administrative suspensions from the Department of Licensing may still apply)

Neg 1 is often considered the most favorable reduction for a DUI charge, as it avoids the harsher penalties and stigma associated with a DUI conviction.

Department of Licensing Consequences

Even if your DUI charge is reduced in court, the Washington Department of Licensing (DOL) may still impose penalties. The DOL suspension process is separate from the criminal court case.

After a DUI arrest, the DOL usually begins an administrative suspension based on the BAC test or a refusal to test. This suspension can last from 90 days to multiple years, depending on the circumstances.

Because this process is independent, reducing a DUI to reckless driving or Neg 1 in court does not automatically remove the DOL suspension. Defendants must request a hearing with the DOL within seven days of arrest to challenge the suspension.

When Are Reductions More Likely?

In Tacoma and Pierce County, reductions are most often considered in cases where:

The driver’s BAC was close to 0.08%
There are legal or evidentiary issues with the stop, arrest, or testing procedures
The defendant has no prior DUI convictions
There was no accident, injury, or child passenger involved
The driver has taken proactive steps, such as completing an alcohol evaluation or enrolling in treatment

For repeat offenses, high BAC results, or DUI cases involving accidents or injuries, prosecutors are less likely to reduce charges.

Hypothetical Examples of DUI Reductions

Consider these scenarios as examples of how reductions may play out in Washington courts:

A first-time offender in Tacoma with a BAC of 0.09% agrees to alcohol counseling. Because of the low BAC and lack of prior record, the prosecutor offers a reduction to reckless driving.
A driver in Pierce County refuses the breath test, but the arrest procedure was questionable. The prosecutor amends the charge to Negligent Driving in the First Degree.
A repeat DUI offender with a BAC of 0.15% and a prior conviction within seven years is unlikely to receive any reduction, as state law imposes mandatory penalties in these cases.

Limitations of Reduced Charges

Even when a DUI charge is reduced, defendants should understand what this means long-term:

Reckless driving convictions can still be counted as a “prior” offense in future DUI cases, which increases penalties.
Insurance companies often view reckless driving or Neg 1 convictions as serious traffic offenses. Rates may rise significantly.
Employment, immigration, or professional licensing issues can still arise from these convictions.

While a reduction can be an important win, it is not the same as a dismissal.

Frequently Asked Questions About DUI Reductions in Washington

Can every DUI be reduced?
No. Prosecutors decide whether to allow a reduction. The strength of the evidence, your record, and the facts of your case all matter.

Does a reduction stop the DOL from suspending my license?
Not necessarily. The Department of Licensing handles suspensions separately. Unless you request and win a hearing, your license may still be suspended even if the charge is reduced.

Is a reduction better than a deferred prosecution?
They are different. A reduction changes the charge to a lesser offense. A deferred prosecution is a treatment-based alternative that requires significant commitment but can ultimately dismiss the DUI charge if completed.

What to Do if You Are Facing a DUI in Tacoma or Pierce County

If you have been arrested for DUI in Washington, do not assume the outcome is predetermined. Reductions to reckless driving or negligent driving are sometimes possible, but only if the case is handled correctly.

Do not discuss the facts of your case with law enforcement beyond providing your identifying information. Instead, call a Tacoma DUI defense attorney immediately. With the right strategy, your lawyer may be able to negotiate a reduction, challenge the DOL suspension, or even have charges dismissed.

Call Our Tacoma, WA DUI Defense Lawyers Today

If you are facing DUI charges in Tacoma or Pierce County, you need experienced representation right away. Our attorneys at the Law Offices of Smith & White can evaluate your case, explain your options, and fight for the best possible outcome.

Call the Law Offices of Smith & White at (253) 203-1645 today to discuss your Washington DUI case and learn whether a reduction may be possible.