Most DUI charges in Washington are gross misdemeanors. But under certain circumstances, a DUI becomes a class B felony — and the consequences jump from serious to life-altering. If you are facing a felony DUI charge, the stakes could not be higher.

When Does a DUI Become a Felony in Washington?

Under Washington law, a DUI is elevated to a felony when the driver has:

  • Four or more prior DUI-related offenses within 10 years
  • A prior conviction for vehicular assault while intoxicated
  • A prior conviction for vehicular homicide while intoxicated

Prior offenses that count toward the felony threshold include DUI convictions, physical control convictions, and equivalent offenses from other states.

Penalties for Felony DUI

A class B felony DUI in Washington carries:

  • Up to 10 years in prison
  • Fines up to $20,000
  • Mandatory minimum jail time based on the number of prior offenses
  • Extended license revocation — often several years
  • Mandatory ignition interlock device for an extended period after license reinstatement
  • Felony criminal record that affects employment, housing, voting rights, and gun rights

Unlike a misdemeanor DUI, a felony conviction follows you into nearly every aspect of your life. Many employers will not hire someone with a felony. Many landlords will not rent to you. And a felony conviction can strip you of your right to own firearms and, in some cases, your right to vote while incarcerated.

Why an Experienced Lawyer Matters

Felony DUI cases are more complex than misdemeanor cases, and the margin for error is much smaller. An experienced felony DUI lawyer will focus on:

  • Challenging prior convictions: Not every prior offense may have been properly entered. If a prior conviction was constitutionally deficient — for example, if you did not have legal representation — it may not count toward the felony threshold.
  • Examining the current evidence: Breathalyzer calibration records, field sobriety test administration, the legality of the traffic stop — every detail is scrutinized.
  • Negotiating with the prosecution: In some cases, it may be possible to negotiate a reduction to a gross misdemeanor DUI or another charge. This outcome is rare but not impossible when the defense identifies significant weaknesses in the case.
  • Sentencing advocacy: If a conviction is unavoidable, an experienced lawyer fights for the lowest possible sentence, including alternatives to incarceration where available.

What to Do If You Are Charged

If you are facing a felony DUI charge in Washington, time matters. Evidence can degrade, witnesses' memories fade, and critical deadlines — like the 20-day window to request a DOL hearing — pass quickly.

Do not assume the outcome is predetermined. Even in cases that look difficult, a thorough review of the evidence and the procedural history often reveals defense opportunities.

Talk to a Felony DUI Lawyer at DeleteRecord

Attorney Peter Hibbard at DeleteRecord handles DUI cases at every level — including felony charges — throughout Eastern Washington. He will review your case, explain your options honestly, and fight for the best outcome available.

Call 509-707-0251 or visit DeleteRecord.com for a straightforward conversation about your case.