Under Washington law, a DUI offense that would ordinarily be prosecuted as a misdemeanor may be graded as a felony under certain circumstances. For example, if a DUI defendant has numerous prior qualifying convictions, it could constitute grounds for charging a DUI offense as a felony. Recently, a Washington court set forth an opinion explaining how prior offenses are scored in a case in which the defendant appealed his felony DUI conviction. If you are charged with driving while intoxicated, you could face significant penalties, and it is in your best interest to meet with a trusted Washington DUI defense attorney to determine your possible defenses.
The History of the Case
The defendant was charged with a DUI offense. Following a jury trial, he was found guilty of felony DUI due to the fact that the trial court determined he had three qualifying offenses within the ten years prior to his conviction. The defendant stipulated to his offender score but later appealed, arguing that the trial court improperly included a misdemeanor crime when calculating his offender score, which resulted in an improper score. The court ultimately agreed and remanded the matter for resentencing.
Calculating an Offender Score Under Washington Law
Under Washington law, a DUI is considered a felony if the defendant has three or more qualifying offenses within the ten years preceding the offense. To determine an offender score for a felony DUI offense, the court will assign one point to each felony offense as an adult and one point to each serious traffic offense other than offenses used solely for enhancement purposes. Continue reading