Driving under the influence (DUI) is one of the most common criminal charges in Washington. For many people, a DUI arrest is their first experience with the criminal justice system. Understandably, the biggest question defendants ask is: What is the most common sentence for a first DUI in Washington?

While the exact outcome depends on the facts of the case, Washington law sets specific mandatory minimum penalties for first-time DUI offenses. The court must impose at least those minimums, and prosecutors often pursue more. Below, we explain what the law requires, what penalties first-time offenders usually face, and how local courts in Tacoma and Pierce County typically handle these cases.

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

Is a First DUI in Washington a Misdemeanor or Felony?

In Washington, a first DUI offense is generally charged as a gross misdemeanor under RCW 46.61.502 and RCW 46.61.5055. A gross misdemeanor is more serious than a simple misdemeanor and carries the following maximum penalties:

Up to 364 days in jail
Up to $5,000 in fines

A DUI only rises to the level of a felony in specific circumstances, such as when a driver has three or more prior DUI offenses within 10 years, or if the incident involves a vehicular assault or vehicular homicide. For most first-time offenders in Pierce County, the charge will remain a gross misdemeanor.

What Are the Mandatory Minimum Penalties for a First DUI?

The law requires judges to impose certain penalties in every first DUI conviction. These mandatory minimums are based on the driver’s blood alcohol concentration (BAC) or whether they refused a chemical test. According to RCW 46.61.5055, the minimums are:

BAC under 0.15% (or no test result): At least 24 hours in jail or 15 days of electronic home monitoring, plus a fine of at least $990.50.
BAC of 0.15% or higher, or refusal of a breath/blood test: At least 48 hours in jail or 30 days of electronic home monitoring, plus a fine of at least $1,245.50.

These penalties are non-negotiable. Judges may not reduce them below the statutory minimum, though some parts of the sentence can be converted to electronic home monitoring instead of jail.

What Additional Penalties Come With a First DUI in Washington?

In addition to jail and fines, a first DUI conviction in Washington carries other penalties that can disrupt your life long after the case ends. These include:

Driver’s license suspension:
- 90 days for a BAC under 0.15%
- One year for a BAC of 0.15% or higher
- Two years for test refusal
Ignition interlock requirement: Drivers must install and maintain an ignition interlock device, usually for one year after license reinstatement.
Probation: Courts typically impose probation for up to five years, during which defendants must comply with all court-ordered conditions.
Substance use evaluation and treatment: Most defendants are ordered to undergo an alcohol or drug evaluation, and many must complete recommended treatment or classes.

What Is the Most Common Sentence for a First DUI?

Although the law sets maximums, most first-time DUI offenders in Pierce County receive a sentence closer to the minimums. The “most common” sentence for a first DUI in Tacoma or surrounding courts usually includes:

24 to 48 hours in jail (or the electronic home monitoring equivalent)
A fine between $1,000 and $1,500 plus court costs and fees
A license suspension of at least 90 days
Ignition interlock device requirement for one year
Five years of probation with standard DUI conditions

This means that while a first DUI is technically punishable by nearly a year in jail, most defendants serve only a day or two, or complete home monitoring instead. Still, the combination of fines, fees, license suspension, and probation conditions makes even the most common first-time DUI sentence very disruptive.

Example of a First DUI Case in Tacoma

To illustrate, here is a hypothetical example based on how Pierce County courts often handle a first DUI:

John is stopped in Tacoma after swerving on I-5. His BAC is measured at 0.12%. He has no prior DUIs and cooperates with police.

At sentencing, the court imposes:

24 hours in jail (converted to 15 days of electronic home monitoring)

A fine of $1,000 plus fees

A 90-day license suspension

One year with an ignition interlock device

Five years of probation with alcohol treatment requirements

This example reflects a common outcome for first-time offenders with a BAC under 0.15%. If John’s BAC had been 0.16% or higher, or if he had refused the test, his mandatory penalties would have been harsher.

Factors That Can Increase the Sentence

Even for a first DUI, certain factors can push the sentence above the minimum:

High BAC (0.15% or more)
Refusal of a breath or blood test
Having a passenger under age 16 in the vehicle
Causing an accident with injury or property damage
Reckless driving or excessive speeding

Judges may also take into account the defendant’s attitude, cooperation, and willingness to participate in treatment programs.

How to Reduce the Impact of a First DUI

If you are facing a first DUI charge in Tacoma or Pierce County, there are steps you can take to reduce the consequences:

Request a hearing to challenge your license suspension through the Department of Licensing.
Speak to a DUI defense attorney immediately to discuss options such as deferred prosecution or negotiating reduced charges.
Complete an alcohol or drug evaluation early, and follow treatment recommendations to show good faith.
Do not assume that the minimum penalties are automatic—an attorney can sometimes negotiate more favorable terms.

Call Our Tacoma DUI Defense Lawyers for Help

Even though most first DUIs in Washington are sentenced at or near the minimum penalties, the long-term impact on your driving record, insurance, and personal life can be serious. If you are facing a DUI in Pierce County, you need strong legal representation to protect your future.

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

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 Lakewood, WA 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 University Place, WA 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.

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 Lakewood, WA DUI defense attorneys today at (253) 203-1645 to schedule a free case consultation.

Assault Charges in Washington: What You Need to Know about Fear (Apprehension)

In Washington, you can be convicted of assault even if no one is touched or physically hurt. Fear alone — if proven beyond a reasonable doubt — can be enough for the State to win a conviction. This makes assault one of the most complex and misunderstood charges in our courts.

Recently, a Washington court decision, reviewed a case where the State relied almost entirely on fear and apprehension of harm, not physical injury, to prove assault. The decision shows how juries evaluate testimony, what counts as “sufficient evidence,” and why hiring an experienced Tacoma assault defense attorney is critical if you’ve been charged.

Key Facts of the Case

In October 2018, three women, including the driver and mother of the defendant’s children, were leaving an apartment complex when the defendant appeared unexpectedly. According to testimony, the defendant had repeatedly called the driver, causing her to panic. The women decided to leave the location because they feared for their safety, believing the defendant did not know where they were headed.

They entered a car with the driver behind the wheel, one passenger in the front seat, and the other in the rear middle seat. As the vehicle began to exit the complex, the defendant’s car suddenly appeared in front of them, nearly causing a collision. He exited his car and approached rapidly. Witnesses testified that his hand appeared to be on a firearm tucked into his waistband and that his demeanor was angry and aggressive.

He banged on the driver’s side window, prompting the driver to reverse and attempt to flee. At that moment, a gunshot shattered the driver’s side window. None of the occupants were struck, but all feared for their lives.

Law enforcement responded and gathered evidence, including a bullet casing and testimony. The State charged the defendant with one count of assault in the first degree, identified as domestic violence, against the driver, and two counts of assault in the second degree against the passengers. The court also instructed the jury on the lesser included offense of assault in the second degree for the driver’s charge.

At trial, one of the passengers testified extensively, corroborating the events. Ultimately, the jury convicted the defendant on three counts of assault in the second degree and found that he used a firearm in the commission of the offenses.

At sentencing, the trial court imposed 54 months of confinement and issued a 10-year domestic violence no-contact order prohibiting the defendant from contacting the driver. While the order did not directly mention the children of the relationship, one of them resided with the driver, and the other with the defendant’s sister. The defendant challenged this order, arguing that it interfered with his fundamental parental rights.

How Washington Defines Assault

Washington law recognizes multiple definitions of assault, including:

Actual physical injury, where someone is struck or harmed.
Acts intended to create fear of injury, even if no contact occurs.

Physical injury is not required if the act places another in actual apprehension of harm.

The jury instructions in this case defined assault as an act done with the intent to create fear of bodily injury, which in fact creates such fear. The defendant argued there was no proof he intended to place the passengers in fear or that they experienced actual fear.

Court’s Ruling on Sufficiency of Evidence

The defendant sought a new trial by arguing that the evidence was insufficient to support his convictions for assault against the two passengers.

In Washington, sufficiency of the evidence is tested by asking whether, after viewing the evidence in the light most favorable to the State, any rational fact finder could have found the elements of the crime beyond a reasonable doubt. This deferential standard gives juries broad authority to determine credibility and weigh conflicting testimony.

The court rejected the defendant’s argument. Testimony showed the defendant aggressively confronted the vehicle, brandished a firearm, and fired into the driver’s window. The passengers were seated in clear view inside a small car without tinted windows. A rational jury could infer the defendant knew they were present, intended his actions to instill fear, and that they did, in fact, experience apprehension of harm.

The court emphasized that firing a gun into an occupied vehicle is a classic example of conduct that reasonably creates fear, even absent physical injury. Thus, the evidence was deemed sufficient to support the convictions for assault in the second degree.

What This Case Means for Defendants

This decision shows how a jury may accept testimony about fear alone as proof of assault. For anyone facing assault charges in Tacoma or Pierce County, the lesson is clear: these cases are not just about what happened, but about how the State presents fear and intent to the jury.

📞 If you are facing an assault charge, call Smith & White, PLLC, today at 253-203-1645 for a free consultation with a Tacoma assault defense lawyer.

Prosecutorial Misconduct Arguments

The defendant also argued that prosecutorial misconduct deprived him of a fair trial. Specifically, he alleged the State improperly claimed he knew passengers were in the car but did not care, and that the firearm could not have discharged accidentally.

A prosecutor has wide latitude to argue reasonable inferences from evidence, but may not misstate the record or appeal solely to prejudice.

The court found no impropriety in these statements. Evidence supported the inference that the defendant knew of the passengers’ presence, including testimony that they were visible through the car’s windows and a recorded jail call where he speculated about “the other people in the car.”

Furthermore, testimony from officers established that modern Glock or 9-millimeter handguns cannot discharge without the trigger being pulled, supporting the State’s argument that the shooting was intentional rather than accidental. Because these claims were tied to the evidence, the State’s arguments were permissible, and no prejudice requiring a new trial was established.

Impact on No-Contact Orders and Parental Rights

The defendant also challenged the no-contact order on the grounds that it unlawfully infringed upon his fundamental right to parent his children.

Parents have a constitutional right to the care, custody, and companionship of their children, and conditions that affect these rights must be narrowly tailored and reasonably necessary to achieve state interests.

The order barred direct or indirect contact with the driver but allowed communication through attorneys or for the service of legal documents. Unlike cases where orders prevented even court- or counsel-mediated communication, this order permitted indirect contact.

The court emphasized that although it might create difficulties in arranging visitation or communication, inconvenience alone does not amount to a constitutional violation. Thus, the order was upheld as a lawful and reasonable restriction to protect the safety of the victim while still leaving avenues for the defendant to address parenting through the legal system.

Defending Against Assault Charges in Tacoma

If you are charged with assault in Tacoma, Pierce County, or the surrounding area, it is vital to understand your rights and the defenses available to you. At Smith & White, PLLC, our assault defense lawyers have more than 27 years of experience handling serious charges in Washington courts. We know how prosecutors frame cases, and we know how to challenge them.

📞 Call 253-203-1645 today to speak with a trusted Tacoma criminal defense attorney. Your consultation is free, and immediate action can make a difference in your case.

Domestic violence isn’t one specific charge in Washington, but rather specific criminal conduct against an intimate partner or family or household member, according to RCW 10.99.020(4). Sometimes, these offenses are misdemeanors or gross misdemeanors, while other times, domestic violence offenses are charged as felonies.

One of the most common domestic violence offenses in Washington is assault in the fourth degree, which is generally charged as a gross misdemeanor upon the first arrest. Stalking, reckless endangerment, and coercion are also often charged as gross misdemeanors. Domestic violence offenses are typically charged as felonies, include unlawful imprisonment, kidnapping, and rape of an intimate partner or family member.

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

What Domestic Violence Offenses Are Misdemeanors in Washington?

Some of the most common domestic violence-related charges are misdemeanors or gross misdemeanors in Washington. Misdemeanors still carry financial, reputational, and other consequences for defendants, so call us if you are arrested for a misdemeanor domestic violence offense.

For example, assault in the fourth degree against an intimate partner or household member is considered domestic violence and generally charged as a gross misdemeanor.

Coercion is another common domestic violence offense when committed against an intimate partner or family member, and is also charged as a gross misdemeanor, according to 9A.36.070.

Other gross misdemeanor domestic violence offenses include malicious mischief in the third degree, criminal trespass in the first degree, reckless endangerment, and initial stalking charges.

Criminal trespass in the second degree is a misdemeanor, while criminal trespass in the first degree is a gross misdemeanor.

Gross misdemeanors are punishable by up to 364 days in jail, a fine of $5,000, or both. Those convicted of domestic violence-related offenses may also face restrictions from protection or no-contact orders. These orders may prohibit any contact with the victim, returning to a shared home, or coming within a certain distance of the victim or any other members of their household.

What Domestic Violence Offenses Are Felonies in Washington?

Some domestic violence-related offenses are charged as felonies in Washington. This means harsher penalties upon conviction, so never underestimate the severity of the charges against you.

Class C Felonies

Assault in the fourth degree is charged as a class C felony if there are two or more domestic violence convictions within the past ten years. A class C felony conviction carries a possible five-year prison sentence, as well as fines of up to $10,000.

Malicious mischief in the second degree is also a class C felony and involves knowingly or maliciously damaging an intimate partner or household member’s property in an amount of $750.

Unlawful imprisonment is also a class C felony domestic violence charge in Washington.

Class B Felonies

There are also class B felony domestic violence offenses in Washington. Assault in the second degree against an intimate partner or household member is generally a class B felony, unless there is a sexual motivation for the crime, then the charge is enhanced. Other class B felony charges arising from domestic violence disputes include burglary in the second degree, kidnapping in the second degree, unless there is a sexual motivation, and drive-by shootings.

Class B felonies carry a maximum penalty of 10 years in prison. Convicted defendants may also have to pay upwards of $20,000 in fines.

Stalking is charged as a class B felony if the defendant allegedly violated a restraining order, was previously convicted of stalking, or was allegedly armed with a deadly weapon, according to 9A.46.110(5)(b).

Class A Felonies

Domestic violence can lead to class A felony charges as well. Assault in the first degree, burglary in the first degree, kidnapping in the first degree, and rape in the second and first degree are all class A felonies. The maximum penalty for a class A felony conviction for a domestic violence-related charge is life in prison. Judges may also order convicted defendants to pay fines of up to $50,000.

What to Do if You Face Felony or Misdemeanor Charges for Domestic Violence

If you are arrested on felony or misdemeanor domestic violence charges in Washington, call our attorneys immediately. You deserve strong representation, and we can advocate for you throughout a trial.

Call Our Lawyers Immediately After Arrest

Do not talk to the police at all after you are arrested for a domestic violence offense. You may feel compelled to give the police context or explain that you were defending yourself, but you should avoid this. Police officers may use this as an opportunity to get more information out of you, so refrain from speaking with them.

Instead, tell law enforcement you want to call our Washington domestic violence defense attorneys immediately. Having a lawyer is your Sixth Amendment right, so tell us if law enforcement violated this right or any other rights in any way.

Give Us Details About the Charges and the Arrest

Whether a domestic violence offense is charged as a misdemeanor or felony, you want to alleviate or avoid consequences as much as possible. Domestic violence-related convictions might follow defendants for the rest of their lives. The more information you can tell us about the events leading up to the arrest and the arrest itself, the better.

Tell us if law enforcement misunderstood the situation when arriving on the scene and did not arrest the true aggressor, or if the claims made against you are fully unfounded.

Don’t Automatically Accept a Plea Deal

Some defendants facing domestic violence-related charges might accept plea deals, thinking it will put the whole ordeal behind them. Do not automatically accept a plea deal without our lawyers reviewing it, especially if you are innocent of the charges.

Call Us to Discuss Your Domestic Violence Case in Washington

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

If you are charged with assault against an intimate partner or household or family member, that is a domestic violence offense. Domestic violence is taken very seriously in Washington, and judges may issue no-contact orders before a defendant has even been convicted of a crime.

A no-contact order may be issued and in effect while a defendant is out on bail and awaiting trial. The order will prohibit any contact between the defendant and the alleged victim, as well as other conduct, like going to their home, workspace, or other shared spaces. A judge may also issue a post-conviction no-contact order in Washington. Violating a no-contact order has serious consequences, so call our lawyers if you were arrested for violating a no-contact order.

Get help from our Tacoma, WA assault defense lawyers by calling the Law Offices of Smith & White at (253) 203-1645.

Will a No-Contact Order Be Issued Before an Assault Conviction in Washington?

Judges typically issue no-contact orders in domestic violence assault cases in Washington. You may be restricted by a no-contact order after an arrest and before your trial even begins, without being convicted of an assault charge.

According to RCW 10.99.040(2)(a), since repeated violence against domestic violence victims is so common, judges may issue no-contact orders that defendants must follow while released from custody before arraignment or trial, out on bail, or released on their own recognizance.

If a no-contact order is issued prior to release on bail, the judge may require electronic monitoring as a condition of the defendant’s release.

When a no-contact order is issued before you have been charged with a crime, it will automatically expire at arraignment or within 72 hours if charges are not filed, according to 10.99.040(6).

If charges are filed, the no-contact order may be extended and stay in place for the rest of the trial.

If you are acquitted, the no-contact order will likely be terminated, though the complaining witness may still seek a civil domestic violence protection order against you. Judges also issue post-conviction no-contact orders that restrict defendants’ actions even after their release.

What Are Conditions of No-Contact Orders After an Assault?

Most no-contact orders have standard rules, though judges can tailor them as necessary. We can make sure you understand all the conditions of the no-contact order against you to avoid unintentionally violating it.

Prohibit Any Contact

A no-contact order prohibits someone facing assault charges from making any attempt to contact the alleged victim. The order also prohibits the defendant from attempting to contact the victim’s family or household members, which may include shared children. Nonphysical contact is also prohibited, as well as trying to contact the victim directly, indirectly, or even through a third party.

Exclude Defendant from Shared Spaces

No-contact orders also prohibit the defendant from being in any previously shared spaces, such as a residence, workplace, or school. This means a no-contact order may stop you from living in a shared home or seeing your children, even if you are still awaiting trial and have not been convicted of assault or any other domestic violence-related charge.

Mandate Staying a Specified Distance Away

The no-contact order may also mandate you stay a specific distance away from the alleged victim at all times, such as at least 100 yards. Coming within that distance at any time, no matter the location, could put you in violation of a no-contact order.

Other Related Prohibitions

No-contact orders may include additional stipulations at the judge’s discretion to reduce the risk of harm. A defendant may be forced to surrender their firearms and be prohibited from accessing shred assets, and may face other restrictions while a no-contact order is in place.

What if You Violate a No-Contact Order After an Assault?

Violating a no-contact order is illegal in Washington, and you may face additional consequences if you violate the no-contact order while out on bail or parole.

Willfully violating a no-contact order is a gross misdemeanor, according to 9A.46.080. You can be arrested for committing a gross misdemeanor in the presence of a police officer in Washington, or for violating a protection order, according to 10.31.100.

Since you may not be arrested or break any laws while out on bail, violating a no-contact order may cause the judge to revoke your bail for the remainder of your assault trial.

If you are arrested for violating a no-contact order, call our Lakewood, WA assault defense lawyers right away. Even if your violation was unintentional, don’t try to explain yourself to the police. Instead, tell us what happened, and we can present the explanation to the judge.

Suppose you violate a post-conviction no-contact order while out on parole after serving a portion of your sentence for a domestic violence assault charge. In that case, you risk being arrested and returned to prison.

What if a No-Contact Order is Unfair in Washington?

Suppose a no-contact order has been issued against you because you are facing assault charges, but you think the terms are unfair and too restrictive. Rather than violating the no-contact order, contact our lawyers, and we may be able to file a motion to modify or dissolve it.

Let us prepare arguments for modifying the no-contact order, especially if you want to continue seeing your children throughout a domestic violence assault trial. Willingly submitting to electronic monitoring might convince the judge to modify some aspects of the no-contact order as well.

Working to get the charges against you dropped can also address an unfair no-contact order. Suppressing evidence, questioning the credibility of witnesses, and providing an alternate explanation of events may lead to the charges getting dropped and the no-contact order getting dissolved.

Call Our Lawyers About Your Assault Case in Washington

Get help from our University Place, WA assault defense lawyers by calling the Law Offices of Smith & White today at (253) 203-1645

Once you have been arrested on allegations of domestic violence, your life has already been upended from the normal. If you make bail and can go free while you await trial, you may still face restrictions on what you can do and where you can go, which includes restrictions against talking to the alleged victim.

You should never try to contact the alleged victim on your own after domestic violence charges. Your bail conditions and the terms of any emergency restraining orders they have against you may stop you from calling or texting them. Additionally, the courts might see further communications as harassment or even stalking. If there are discussions you are allowed to have – such as coordinating picking up your things or your shared children – you may still want to handle them through a third-party intermediary like a family member, friend, or your lawyer.

For help with your case, call our Tacoma, WA domestic violence defense lawyers right away at the Law Offices of Smith & White at (253) 203-1645.

Bail Terms Limiting Contact with Alleged Victims

If you are accused of committing a crime against someone else, then the court will typically stop you from contacting them further. This is common for any case, not just domestic violence.

When you get bail, courts assess your flight risk and danger to the community, and if they release you, there will be terms and limits in place. Of course, one of these is a requirement to return for your next court date, but there may be check-in requirements or even some required payment or bond.

There are also potential limitations tied to the alleged conduct. For instance, when a known victim is involved, the bail conditions will usually prevent you from committing further crimes against them, but no-contact orders are also incredibly common.

If you violate this order, then your bail can be revoked, and you can be sent to jail while you await trial.

Restraining Orders

The alleged victim in a domestic violence case can go to court for an “Immediate Restraining Order.” These are emergency petitions filed on an “ex parte” basis, which means only the petitioner (the alleged victim) is in the courtroom when the judge hears the petition.

If your spouse or partner gets a restraining order against you after the arrest, it can have wide-ranging terms that restrain your actions:

Orders not to contact the petitioner, your shared children, or other household/family members
Orders to stay away from the petitioner
Orders keeping you from returning to a shared home, workplace, school, or other locations you both frequent
Orders keeping you from accessing shared children
Orders stripping you of firearms
Orders keeping you from economic retaliation, restricting accounts, canceling insurance policies, etc.
Temporary support orders

Within this is often a clear directive not to call, text, or otherwise contact the alleged victim. These orders last until you get a chance to go with your own lawyer and challenge an extension, typically 14 days after the order goes into effect.

If you violate this order, you can face separate penalties and arrests for the violation, as well as additional legal trouble in any related divorce, custody, or support cases that stem from this situation.

What About Necessary or Emergency Communications?

Sometimes when these orders are in place, our Washington domestic violence defense lawyers can put in exceptions for the kinds of conversations you need to have. However, even when these communications are allowed, it is important to be careful.

For example, if you and the alleged victim share a house, then it would be unfair to leave you locked out of your home and unable to access your personal possessions, a change of clothes, etc. The court may permit you to call to coordinate a pickup time when they won’t be home so that you can get what you need without additional in-person interactions.

However, these conversations can go south quickly, and they may stray off topic into arguments or angry words that might violate the bail terms or restraining order. As such, it is better to have these talks – and arrange exchanges of clothes and whatnot – through a third party.

Our lawyers can contact their lawyers or work with the police officers on the case to coordinate things, or potentially monitor what goes on if you involve a friend or family member to take care of these conversations.

Sending someone else to threaten or harass the victim on your behalf would still potentially lead to criminal liability or violations for you, too.

Additional Charges for Contacting an Alleged Domestic Violence Victim in Washington

One of the worst-case scenarios is that your contact with the alleged victim in your case not only violates your bail terms and a restraining order, but also leads to additional charges. This can add to the case against you and potentially increase penalties.

First, violating bail terms and restraining orders has its own penalties, and you may still face penalties for the original domestic violence charges. However, other charges can come after these for additional contact with the other party.

These additional charges will usually be for the following crimes:

Harassment, which includes any verbal threats to injure someone, damage their property, etc.
Stalking, which covers repeat harassment, repeated unwanted contact, and other behaviors that put the person in fear of injury or harm.
Witness intimidation, which covers threats or other intimidation of the victim, who is technically also a witness.

Committing these first two crimes against someone who already has a protective order against you increases the penalties, too.

What to Do if You Face a No-Contact Order for Domestic Violence

If you are under a no-contact order, you must comply with it. These are court orders, and violations come with additional penalties.

Instead of trying to take matters into your own hands, always work with a lawyer and challenge the orders and accusations through the proper channels. This means fighting them in court with evidence and arguments.

Our lawyers can also fight against overly restrictive requirements and try to get final penalties and restrictions reduced or suspended in favor of something like probation, when possible.

Call Our Washington Domestic Violence Defense Lawyers Today

To set up a case review, call the Law Offices of Smith & White’s Lakewood, WA domestic violence defense lawyers at (253) 203-1645 today.

Finding out that you have an outstanding warrant can be scary. Your first reaction might be to ignore it and hope you don’t get arrested, but that can lead to additional hassle, encounters with the police, and the need to pay bail. A lawyer may be able to handle the situation for you.

Lawyers can often get outstanding bench warrants cleared, but not arrest warrants. The distinction is that bench warrants are usually for ongoing cases where you already missed a court date, and arrest warrants are for a new arrest based on an investigation. Our lawyers can contact the court and arrange a new court date and potentially get your bench warrant dropped. With an arrest warrant, we can also discuss turning yourself in so we can get bail set and start working on your case instead of you getting arrested by surprise.

To review your case, call the Law Offices of Smith & White’s Pierce County criminal defense lawyers at (253) 203-1645.

Bench Warrants vs. Arrest Warrants

It is important to understand which type of warrant you have to know how to proceed. Our lawyers can help you figure this out and take the proper action, but understanding which warrant you have can help you feel confident in the process of what happens next in your case:

Bench Warrants

A bench warrant is issued by a judge “from the bench.” These are used to get people into court, usually for a case they have already been arrested or charged in.

If you have a court date and fail to appear, courts can issue bench warrants to drag you back to court. This often means you violated the terms of your bail or release on your own recognizance, and it may mean the judge will want to adjust your bail terms going forward.

If you have a bench warrant for you, police can arrest you any time they come across you for other issues. That means that if they pull you over for a routine traffic stop or need your name as part of another investigation, and they run your name through a warrant search, they can find the warrant and arrest you.

Bench warrants are issued for existing cases, but also for outstanding traffic tickets – though it usually takes more than one or two outstanding tickets for a judge to resort to a bench warrant.

Arrest Warrants

An arrest warrant is usually the result of a criminal investigation. This is the kind of warrant that police need to go to a judge to sign off on.

An arrest warrant gives the police the ability to go look for you and arrest you anywhere they might find you. For them to go inside your house or other private property, they also need a search warrant or permission. However, they can arrest you outside your house, job, or other location with just an arrest warrant.

Can You Clear an Arrest Warrant?

Arrest warrants usually cannot be cleared so easily. Police get a warrant once they think you are the one who committed a crime. That means the most common way to challenge an arrest warrant is to fight the case after you have been arrested and formally charged.

However, our Pierce County criminal defense lawyers might be able to make the arrest warrant go more smoothly. Especially if the police have been in contact with you and your lawyer, they might give you notice of the arrest warrant and give you an opportunity to turn yourself in.

This means going to the station, presenting yourself, getting booked, getting arraigned, and getting released on bail after a bail determination hearing.

This is usually a better alternative than an arrest, and your cooperation with the legal process can often help you if it comes time to negotiate for a plea agreement or sentencing. It’s also better than being jumped by officers outside your workplace or being woken up at 2 a.m. to be arrested.

Can You Clear a Bench Warrant?

The goal of a bench warrant is simply to get you to come back to court. If you show the court you are willing to do that without being arrested, they can often clear the warrant.

Our attorneys can contact the court on your behalf, explain why you missed your prior hearing, and schedule a new hearing. Judges are often willing to drop warrants once they know that there is an attorney on the case and the defendant has had someone explain the process to them.

If the judge is not willing to clear the warrant, then you might need to turn yourself in, as discussed above. More likely, the court can schedule a new court date, but the judge might leave the warrant open until you actually appear in court.

Once we get to court with you, we can focus on defending you from the outstanding charges.

What Happens After Clearing a Warrant?

Just because your bench warrant was cleared doesn’t mean your case is over. In fact, it could just be the beginning.

Most bench warrants are issued in the early stages of a case for failure to appear. This means you still have charges to address.

Once we get you back to court, we can pick up where you left off with your previous counsel or before you had a lawyer. This means getting discovery from the prosecution (the evidence they have against you), doing our own investigations, and preparing to challenge the charges in court.

How to Prevent a Warrant

If you have charges pending in court, it is vital that you show up to your court dates. Our lawyers can accompany you and represent you in court.

If you appear at all court dates, there is typically no reason to issue a bench warrant against you in the first place.

Why Do I Still Have a Warrant After My Case was Dismissed?

If there was a bench warrant for you, but you came to court and paid your fine/served your sentence, or you got the charges dropped/dismissed, then the bench warrant should go away. If it is still on the books, it is likely an error, and our attorneys can help you clear this up with the court.

Call Our Pierce County, WA Criminal Defense Lawyers

If you have a warrant, call Smith & White’s Lakewood, WA criminal defense lawyers today at (253) 203-1645.

Refusing Field Sobriety Tests in a Tacoma DUI Case: What Courts Can and Cannot Use Against You

When you’re facing a DUI charge, the consequences extend beyond the courtroom. Your rights, your record, and your future are on the line. In some cases, what you choose not to do—such as refusing a field sobriety test—can become part of the evidence used against you.

A recent decision from a Washington appellate court shows just how complex DUI cases can get. In this case, the court allowed the jury to hear about the defendant’s refusal to participate in field sobriety testing, despite constitutional challenges. For anyone arrested or charged with DUI in Tacoma or Pierce County, the outcome offers an important lesson: every action—or refusal—can have legal consequences.

Facts of the Case: A Composite from Real Events

In April 2021, police in Auburn, WA, stopped a driver after observing erratic behavior on State Route 167. Officers said the vehicle was drifting between lanes and speeding up and slowing down without clear reason. When they finally pulled the car over, they had to knock on the window multiple times to get the driver’s attention.

According to police reports, the driver showed several signs of impairment: slurred speech, clumsy movements, and the smell of alcohol. He denied drinking but admitted that he was supposed to have an ignition interlock device installed due to a previous DUI conviction—and did not.

He refused to take field sobriety tests. He was argumentative with officers, who later arrested him for DUI. At the police station, he also refused to take a breath test despite being warned of the consequences, including automatic license suspension. Officers did not obtain a warrant for a blood draw.

A background check revealed that the driver had at least three prior DUI convictions. The State filed charges for felony DUI, reckless driving, and violation of the interlock device requirement. He later pled guilty to the interlock violation, and a jury convicted him on the remaining charges.

Why Refusal to Perform Field Sobriety Tests Can Be Used Against You

The defendant argued on appeal that the trial court erred by allowing his refusal to participate in field sobriety tests to be admitted into evidence. He claimed this violated his constitutional rights under the Fourth Amendment (protection against unlawful searches and seizures) and Fifth Amendment (right against self-incrimination).

But the appellate court disagreed. Here’s why:

Reasonable Suspicion Justified the Stop: The court held that the officer had reasonable suspicion to stop the vehicle based on observable erratic driving. This met the standards laid out in Terry v. Ohio.
The Refusal Was Not Testimonial: Field sobriety tests involve physical coordination—not verbal testimony. Courts in Washington and across the country generally consider refusal to take these tests as non-testimonial conduct. That means the Fifth Amendment does not apply.
The Refusal Was Relevant Evidence: Under Washington law, juries may consider a suspect’s refusal to perform field sobriety tests as evidence of consciousness of guilt, especially when the request is made during a lawful detention.
No Unlawful Coercion Occurred: Officers did not physically force the defendant to comply, nor did they engage in behavior that would turn the request into a coercive interrogation. As a result, the court ruled that the evidence was properly admitted.

What This Means for Your Case

If you’re pulled over and suspected of DUI in Tacoma, WA, your decision to refuse field sobriety tests may not shield you from consequences. In fact, prosecutors may introduce that refusal at trial to suggest you had something to hide—even if you were trying to protect your rights.

While this may feel unfair, Washington courts have consistently ruled that such refusals are not protected under the Fifth Amendment because they do not involve self-incriminating statements.

Firearm Possession After a Felony DUI: What You Need to Know

The same defendant also challenged another major consequence of his conviction: the loss of his right to possess firearms.

He argued that because his felony DUI conviction was non-violent, the restriction was unconstitutional. Again, the court disagreed.

The court pointed to multiple state and federal decisions supporting the principle that firearm restrictions for individuals with serious criminal histories—including repeat DUI offenders—serve a legitimate public safety purpose. In particular:

Repeat DUIs Show a Pattern of Risky Behavior: Even if no violence occurred, multiple DUI offenses signal a pattern of impaired judgment and public endangerment.
Historical Traditions Support Restrictions: Courts found that firearm prohibitions tied to felony convictions align with the U.S. tradition of disarming individuals deemed dangerous to community safety.
Washington Statutes Meet Constitutional Scrutiny: The court held that Washington’s laws barring firearm possession by individuals convicted of felony DUI are “reasonably necessary” to prevent harm and are not overbroad or punitive.

In short, felony DUI in Washington can result in a permanent firearm prohibition—even if no one was physically hurt in the incident.

Other Penalties You Might Face in a Tacoma Felony DUI Case

Felony DUI convictions in Washington come with serious, life-changing consequences beyond incarceration. These may include:

Electronic Home Monitoring: As in this case, a court may impose home detention even if time served covers the jail sentence.
Mandatory License Suspension: Refusal to submit to a breath test carries automatic consequences with the Department of Licensing.
Financial Penalties: Fines, court costs, and treatment fees can quickly add up.
Treatment Requirements: You may be required to complete a certified alcohol dependency evaluation and follow up with treatment.
Felony Record: A felony DUI conviction will stay on your record and can severely impact employment, housing, and travel.
Loss of Gun Rights: As discussed above, even a nonviolent felony DUI can bar you from owning firearms in Washington.

A Tacoma DUI Defense Attorney Can Help You Fight Back

We understand that not every DUI case is cut and dry. People refuse tests for all sorts of reasons—fear, confusion, poor advice, or medical limitations. Police may overstate impairment. Procedures may be skipped or abused. And not every prior conviction should count toward a felony filing.

We recently represented a client in Pierce County who was charged with felony DUI based on an alleged refusal and prior out-of-state offenses. By challenging the admissibility of the out-of-state DUIs and investigating the legality of the traffic stop, we were able to negotiate a reduction to a gross misdemeanor. This saved our client from a felony conviction, jail time, and permanent loss of rights.

Every detail matters in a DUI defense—especially when the stakes involve constitutional rights.

Facing a DUI in Tacoma, WA? Don’t Go It Alone

If you’ve been arrested for DUI in Tacoma or Pierce County, don’t wait to get legal help. The earlier you contact a skilled defense attorney, the better your chances of protecting your rights, preserving your freedom, and minimizing the long-term consequences.

Facing DUI charges? Don’t navigate the system alone—reach out to our Tacoma office today for a free consultation.

Felons need Real IDs as much as anyone else if they plan to fly anywhere in the United States. But will their criminal record stop them from obtaining this documentation? Or are they just as eligible for a Real ID as anyone else?

Felons who are Washington residents and can produce the required documents can obtain a Real ID. Not all felons have easy access to birth certificates, passports, or other forms of identification. If you are currently facing criminal charges or have been recently released on parole, you may still be eligible for a Real ID. That said, you may be unable to use the Real ID right away, as you might face travel restrictions.

Call the Law Offices of Smith & White at (253) 203-1645 for help with your case from our Tacoma criminal defense lawyers.

Are Felons Eligible to Get Real IDs in Washington?

Like other Washington residents, released felons are eligible to get Real IDs. Additionally, like other Washington residents, felons can obtain Real IDs only by providing all the necessary documentation.

Having a criminal record does not necessarily make you ineligible for a Real ID, provided you are not currently incarcerated. A criminal history may make obtaining a Real ID more challenging if you lack easy access to essential documents, such as your birth certificate or a valid passport.

Not all felons have dependable housing or employment. This makes requesting copies of certain documents and proving residency in Washington more difficult, and complicates many other aspects of day-to-day life, let alone the process of obtaining a Real ID.

Enhance your driver’s license or state ID card to be Real-ID compliant as a felon. If you are only recently released from prison and are currently on parole, your license might still be revoked, depending on the conditions of your release. With a valid and current driver’s license, you may not be able to get the enhanced Real ID-compliant license.

What Documents Do Felons Need to Get Real IDs?

Washington requires proof of U.S. citizenship for anyone seeking a Real ID, and accepts the following documents:

Valid U.S. passport or passport card
Certified U.S. birth certificate
S. Certificate of Citizenship
S. Certificate of naturalization

You must also provide a document that proves your identity, such as your current, valid Washington driver’s license, out-of-state driver’s license, or a valid U.S. passport.

Finally, you must provide two documents proving your Washington residency, such as a phone bill, bank account statement, car registration, or paycheck with your employer’s name and phone number.

How Much Do Real IDs Cost for Felons in Washington?

There are also economic hurdles to obtaining a Real ID-compliant driver’s license in Washington, especially for felons recently released from prison or those unable to secure stable employment.

When getting your first Real ID, or as Washington calls it, “enhanced ID,” the cost is $96 for a six-year valid ID card or $128 for an eight-year valid ID card.

For anyone upgrading their current Washington ID or driver’s license to an enhanced ID, the cost may range from $7 to $56, depending on the number of years remaining on the validity of your current ID.

Bring your form of payment with you when getting a Real ID so you can easily complete the transaction.

If you need a Real ID in advance of a domestic flight out of Washington State, make an appointment at a driver licensing center in your area. Be prepared with the required documents, as missing any crucial information may prevent you from obtaining your enhanced ID in Washington.

After your documents are reviewed and approved, and you’ve paid for the ID, you should receive it in the mail within two weeks.

When Do Felons Need Real IDs in Washington?

If you don’t have any domestic flights on the horizon, getting a Real ID may not be at the top of your to-do list, whether or not you are a felon. However, if you do plan to travel for any reason, you may need a Real ID to board a flight to anywhere else in the country.

Currently, the only other use for Real IDs is for identification purposes when entering certain federal buildings. Most people do not obtain Real IDs for this reason, as they are only required for successful air travel.

A valid standard driver’s license is not the same thing as Real ID unless it is Real ID-compliant and an enhanced driver’s license.

Can Someone with Active Felony Charges Get a Real ID?

You may even be able to get a Real ID if you have any active charges against you. That does not mean that you can necessarily use the enhanced ID to fly to another state, as you might face travel restrictions while out on bail.

Defendants with active cases who try to use Real IDs may be unsuccessful. The judge assigned to your case may even revoke your bail if they think you were trying to flee the charges you were currently facing.

Bail conditions are strictly enforced in criminal trials for felony charges. Due to this, our Washington criminal defense lawyers advise defendants against attempting to use a Real ID, passport, or other TSA-approved form of identification to leave Washington State by air.

Suppose your trial is over, you served part of your sentence, and you are released early on parole. You may also obtain a Real ID in that scenario, though you may still face travel restrictions while on parole.

Always notify your parole officer of any trips out of town, especially if you are going to another state. You may need approval before you leave the area. Violating your parole means risking being returned to prison to serve the remainder of your sentence, so don’t risk it.

Call Our Defense Attorneys for Help in Washington

Call the Law Offices of Smith & White at (253) 203-1645 to discuss your case with our Lakewood criminal defense lawyers.