If you have been charged with a Felony DUI, you need an experienced DUI attorney. Contact us as soon as possible so that we may start putting together a defense strategy for you right now. We help clients in Spokane, Spokane Valley, and surrounding areas including Northern Idaho.
Felony DUI in the State of Washington
Nearly all DUIs in the State of Washington are charged as misdemeanors, but a minority of them are charged as felonies. A conviction for a felony DUI can result in harsher fines and a long jail or even longer prison sentence. If you’ve been charged with a felony DUI, you should start putting your defense strategy together by contacting our office right away.
Some DUIs are charged as felonies
Most Washington DUIs are charged as gross misdemeanors, but the legislature has enumerated about 20 scenarios when the charge might be upgraded to a felony. Felony charges turn on how many DUIs that a driver had in the last 10 years or whether he or she has been previously convicted of vehicular assault or vehicular homicide. If you’re found guilty of felony DUI, you could be sentenced to a prison term of more than two years and up to 10 years with a fine of up to $20,000. Other strict sentencing conditions will also apply, and there’s going to be a felony conviction following you around for the rest of your life.
It’s not necessarily against the law to consume alcohol and then drive
We’ve seen the script time and time again about “red bloodshot eyes, slurred speech and difficulty with balance” that police officers regurgitate to try and establish probable cause for a DUI arrest. Then come the field sobriety tests that are administered on a made to fail basis. Not everybody who was pulled over on suspected drunk driving or charged with drunk driving was drunk when they were arrested. Most people who have never had a drink in their life are going to fail one or more of the field sobriety tests. That’s why we question every piece of evidence that the prosecution tries to use against our clients.
Proving a felony DUI
The prosecution must prove a DUI defendant guilty beyond a reasonable doubt. We hold the prosecution to that burden. It must prove that you were either driving or in actual physical control of a motor vehicle:
- With a blood alcohol content of .08 or higher
- With a blood concentration of .5 nanograms or higher of THC
- While you were otherwise impaired by alcohol, drugs or a combination thereof
Contact a Felony DUI Attorney Now
If you have four alcohol related driving offenses on your record, that fifth stop will likely result in a felony charge. You might feel that the weight of the world is on your shoulders because you’re facing another DUI. This time it’s a felony though. When you hire us to represent you on that felony charge, you’ll be confident that you made the right decision in retaining a professional to represent you. Contact us for a free consultation and case evaluation after any DUI arrest. As soon as you retain us, we’ll start building your defense.
Preserve and protect your rights. Don’t give the prosecution the evidence that it needs for a felony conviction. Don’t give any statements or confessions. Remain polite, but you’ll probably want to refuse any roadside tests or breath testing at the station. If a search warrant issues to draw a blood sample, continue to be polite, but be cooperative. Remember that your entire encounter with law enforcement might be video taped. Contact our office as soon as you can after any DUI arrest. We’ll start putting your defense strategy together right away.