Felony DUI
Normally DUI is not a felony. However, under certain circumstances a DUI charge is a class C Felony. It requires certain perquisites in order for of a DUI to become a felony charge.
These circumstances are when:
- You have four or more prior DUI offenses within ten years of a 5th charge; or
- You have ever previously been convicted of: vehicular homicide while under the influence of intoxicating liquor or any drug OR vehicular assault while under the influence of intoxicating liquor or any drug and are arrested again after this conviction; OR You have been convicted of an out-of-state offense comparable to vehicular homicide or vehicular assault while under the influence of intoxicating liquor or any drug;
- You are arrested for DUI at the scene of an accident where another person is seriously injured (Vehicular Assault) or death (Vehicular Homicide) of another is a result the accident and proper blood alcohol testing shows your blood alcohol concentration of .08 or more.
Other methods of Felony DUI come about by death or injury to another.
RCW 46.61.520. Vehicular Homicide
While the statute criminalizes this behavior in 3 different ways, the most common method or set of facts is usually a result of being DUI. The statute states that when the death of any person, within three years, is a result of injury caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
- while under the influence of intoxicating liquor or any drug; or
- in a reckless manner; or
- with disregard for the safety of others.
Vehicular homicide is among the most serious of crimes and as a result it is class A felony. A person's "prior" history and the circumstances leading up to the death of another person largely determine the range of punishment. However, the legislature has punctuated the seriousness of this offense when committed by a driver who is DUI by adding a mandatory two years to the sentence for each offense a person has prior to the act.
A Vehicular Homicide arrest is one of the special exceptions as a breath test and/or blood draw can be administered even if you refuse. As a result the review of blood evidence requires a keen eye and an experienced DUI attorney. Vehicular Homicide is among the most serious of alcohol related crimes and as result you need the most experienced, knowledgeable, and dedicated defense team.
RCW 46.61.522. Vehicular Assault
Much like the more serious crime of Vehicular Homicide, Vehicular Assault also criminalizes behavior under 3 different scenarios. The statute states that a person commits vehicular assault when you operate or drive a motor vehicle:
- In a reckless manner and causes substantial bodily harm to another; or
- While under the influence of intoxicating liquor or any drug, and causes substantial bodily harm to another; or
- With the disregard for the safety of others and causes substantial bodily harm to another.
"Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part.
Since death is not a result, yet there is serious bodily harm to another, vehicular assault is a class B felony. Serious bodily injury can be something as minor as a large bruise (temporary disfigurement), damage to internal organs (impairment to function of any body part), or even a broken finger or leg.
Vehicular Assault is one of the special exceptions to breath testing and blood draw permit as they can be administered even if you refuse. As a result the review of blood evidence requires a keen eye and an experienced DUI attorney. Like Vehicular Homicide, this is among the most serious of alcohol related crimes and as result you need the most experienced, knowledgeable, and dedicated defense attorney.