How to Defend a Felony DUI RCW 46.61.502 Subsection (6)

By James J. White 4/3/23

Today, we will be discussing how to defend a felony DUI charge in Tacoma, WA and throughout the state. This is a serious offense that can carry significant penalties, including mandatory minimum prison sentences and fines. It is important to understand the legal process and your defense options in order to achieve the best possible outcome for your case.

First, let us examine the statute. A felony DUI charge can be brought against someone who has three or more prior DUI convictions within a ten-year period, or if they have previously been convicted of vehicular homicide or vehicular assault while under the influence of drugs or alcohol. These charges can carry severe penalties, and it is essential to mount a strong defense.

One potential defense strategy is to challenge the validity of the prior offenses. In order for the prior offenses to be used against you in a felony DUI charge, they must be valid and meet certain criteria. This includes requirements such as due process which includes effective assistance of counsel. If the prior offenses do not meet these requirements, they may not be admissible in court. Challenging the validity of the prior offenses can be a complex process, but it is an important defense strategy that can help you avoid the harsh penalties of a felony DUI conviction.

Another potential defense strategy is to challenge the evidence against you. This can include challenging the legality of the traffic stop, the accuracy of field sobriety tests or breathalyzer tests, and the prosecution's ability to prove that you were driving under the influence of drugs or alcohol at the time of the offense. It is essential to work with an experienced DUI defense attorney who can help you identify potential weaknesses in the prosecution's case and develop a strong defense strategy.

In addition to these defense strategies, it is important to understand the legal process and your rights. You have the right to remain silent and the right to an attorney. It is important to exercise these rights and work with an experienced attorney who can guide you through the legal process and protect your interests.

In conclusion, defending against a felony DUI charge in Tacoma WA, or Washington State in general, can be a complex and challenging process. It requires a deep understanding of the law, a careful examination of the evidence against you, and the ability to craft a compelling defense strategy. Challenging the validity of the prior offenses and the evidence against you are both potential defense strategies that can help you avoid the harsh penalties of a felony DUI conviction. Remember to work with an experienced DUI defense attorney and exercise your legal rights to achieve the best possible outcome for your case.