Is A DUI a Felony or a Misdemeanor in Washington?

 

If an arrest just happened, this question probably isn’t academic. It feels urgent. What level of crime is this? What’s at stake? What happens next?  

Most DUI charges in Washington are gross misdemeanors. But in certain situations, a DUI becomes a felony—and the consequences increase dramatically. 

Here’s how Washington law draws the line. 

 

Is a DUI a Felony in Washington? 

Usually, no. Under RCW 46.61.502, a first, second, or third DUI is typically charged as a gross misdemeanor, not a felony. 

However, a DUI becomes a felony if: 

• It is a fourth DUI within 10 years 

• The incident involves vehicular assault 

• The incident involves vehicular homicide 

When those factors are present, the charge shifts from a gross misdemeanor to a felony offense. 

 

What Is a Gross Misdemeanor DUI? 

A gross misdemeanor in Washington carries a maximum possible penalty of 364 days in jail and a $5,000 fine. DUI sentencing, however, is controlled by mandatory minimums that depend on BAC level, prior history, and whether a breath test was refused. 

Washington law allows a DUI charge if: 

• Blood Alcohol Concentration (BAC) is 0.08% or higher 

• THC concentration is 5 nanograms per milliliter or higher 

• The driver is under the influence to any appreciable degree 

• A driver under 21 has a BAC of 0.02% or higher 

Officers rely on breath or blood testing, field observations, and standardized field sobriety tests. (If you’re unsure how those tests work, here’s a breakdown of the different types of sobriety tests and how they work.) 

First DUI (No Prior Offenses in 7 Years) 

Mandatory minimum penalties depend on BAC level:

If BAC under 0.15%: 

• Minimum 24 hours jail 
• 90-day license suspension

  If BAC 0.15% or higher or test refusal: 

• Minimum 48 hours jail 
• Longer license suspension 

An ignition interlock device (IID) is typically required. 

Second or Third DUI 

Penalties increase significantly. Mandatory jail time rises. License suspension periods lengthen. IID requirements extend. 

If this isn’t a first offense, review how Washington handles multiple DUI offenses—because the difference between a second and third DUI can be life-changing. 

Washington uses a 7-year lookback period to determine mandatory minimum sentencing increases. 

 

When Does a DUI Become a Felony? 

A DUI becomes a felony under three main circumstances.

1. Fourth DUI Within 10 Years

If someone has three prior DUI-related convictions within 10 years, a fourth offense is charged as a Class C felony. 

The 10-year window includes: 

• Prior DUI convictions 

• Out-of-state equivalent convictions 

• Certain deferred prosecutions 

This is different from the 7-year lookback used for sentencing enhancements. It’s a common point of confusion.

 2. Vehicular Assault

Under RCW 46.61.522, vehicular assault occurs when a driver, while impaired, causes substantial bodily harm. 

Substantial bodily harm can include: 

• Temporary but significant disfigurement 

• Bone fractures 

• Loss or impairment of a body part 

Vehicular assault is a Class B felony.

3.Vehicular Homicide

If impaired driving results in a fatality, the charge may become vehicular homicide, a Class A felony under RCW 46.61.520. 

This is among the most serious criminal charges in Washington. 

What Are the Penalties for a Felony DUI? 

Felony DUI penalties are determined using Washington’s Sentencing Reform Act and an offender scoring system. 

Here’s how felony classifications break down: 

• Class C felony: Up to 5 years prison and $10,000 fine 

• Class B felony: Up to 10 years prison and $20,000 fine 

• Class A felony: Up to life imprisonment and $50,000 fine 

Judges calculate an offender score based on criminal history. The sentence is then determined using the sentencing grid. 

If you want to see how prior convictions impact sentencing ranges, review the Washington DUI sentencing grid for context. 

 

What About DUI Child Endangerment? 

If a child under 16 was in the vehicle at the time of arrest, additional penalties apply under RCW 46.61.507. 

These enhancements increase fines and may add mandatory penalties. They also complicate family law and custody matters in some situations. 

 

Can a Felony DUI Be Reduced? 

In some cases, yes. But not automatically. 

Reduction depends on: 

• Strength of the evidence 

• Legality of the traffic stop 

• Breath or blood test reliability 

• Officer compliance with testing protocol 

• Constitutional issues 

Sometimes charges are dismissed. Sometimes they are reduced. Sometimes the focus shifts to minimizing long-term consequences. 

There are no shortcuts. But there are strategies. 

As a former prosecutor, Christopher Bugbee understands how these cases are built from the government’s side. That perspective matters when evaluating weaknesses in the case. 

 

What Happens to Your License? 

A DUI triggers two separate processes:

1. Criminal case

2. Department of Licensing (DOL) administrative action

-Even if the criminal case is later reduced, the license suspension may still proceed unless properly challenged.

-Time matters. A hearing request must be filed quickly after arrest.

3. Will a DUI Stay on Your Record Forever?

-A DUI conviction in Washington cannot be expunged or sealed like many other misdemeanors. 

-Felony DUI convictions carry long-term consequences: 

• Background checks 

• Professional licensing issues 

• Housing applications 

• Firearm restrictions (in certain felony cases) 

The impact often extends well beyond jail time. 

 

What Should Someone Do After a DUI Arrest in Spokane? 

Stay calm. Don’t talk about the case with friends or on social media. Preserve paperwork. Act quickly regarding the DOL deadline. 

Then speak with a defense attorney who regularly handles DUI cases in Spokane County. 

At Bugbee Law, the focus is on clarity and preparation. DUI cases aren’t handled with guesswork. They’re analyzed step-by-step. 

The difference between a gross misdemeanor and a felony can depend on prior history, charging decisions, and how the evidence is challenged. 

If questions remain about whether a DUI is a felony or misdemeanor in a specific case, the answer often lies in the details. 

 

Frequently Asked Questions 

Is a first DUI a felony in Washington? 

No. A first DUI is typically charged as a gross misdemeanor unless it involves vehicular assault or vehicular homicide. 

How many DUIs before it becomes a felony? 

A fourth DUI within 10 years is charged as a Class C felony. 

Is vehicular assault considered a DUI felony? 

Yes. Vehicular assault while impaired is a Class B felony. 

Does refusing a breath test make it a felony? 

No. Refusal increases penalties and license suspension length but does not automatically make a DUI a felony. 

What is the difference between a gross misdemeanor and a felony? 

A gross misdemeanor carries up to 364 days in jail. A felony carries prison exposure of more than one year and long-term civil consequences. 

 Facing a DUI charge is unsettling. Whether it’s a gross misdemeanor or a felony, the stakes are real. Understanding the distinction is the first step toward protecting what matters most. 

With a deep commitment to protecting his clients’ rights, Christopher Bugbee draws on 30 years of criminal law experience—both as a prosecutor and defense attorney. He’s earned top ratings from legal peers and clients alike on Avvo and is consistently ranked among the region’s top criminal defense attorneys.