Is a DUI a Felony in Washington?

A DUI arrest can shake your entire world. In Washington, a DUI can be—but isn’t always—a felony. Whether you face a misdemeanor or a felony DUI charge depends on the circumstances of your situation. Understanding the difference could mean everything for your future.

Our Tacoma DUI lawyer team stands ready to fight for people when they need it most. We know how frightening these moments can be, and we take every case personally. Your story matters, and so does the outcome. We bring relentless preparation and a client-first mindset to every case we handle.

Before you make a move or say another word, it’s important to know how Washington law treats DUIs and what could turn your case into something far more serious.

Is a DUI a Felony in Washington?

Most first-time DUIs in Washington are gross misdemeanors. That’s serious enough, but certain factors can quickly raise the stakes. A DUI can turn into a felony if certain boxes get checked. And once the charge rises to that level, the consequences become life-changing.

Gross misdemeanors carry heavy penalties like jail time, fines, and license suspension. However, a felony DUI puts you at risk of long-term prison time, higher fines, and permanent marks on your record. Knowing where your case stands early can shape your defense strategy in a major way.

If you’re facing this uncertainty, you need a Tacoma criminal defense lawyer who’s already thinking five steps ahead. Every detail matters.

When a DUI Becomes a Felony

A DUI becomes a felony in Washington under specific circumstances, including:

• Four or more DUI–related offenses within 10 years: That fourth strike moves you into felony territory. Washington courts treat repeat offenses seriously, believing they show a dangerous pattern of behavior.
• Previous felony DUI conviction: One prior felony DUI means your next DUI automatically becomes a felony. Even if the facts of your new case seem less severe, your history weighs heavily against you.
• Driving with a suspended license from a prior DUI: If you’re caught behind the wheel while your license is suspended from an earlier DUI, you could be charged with a felony. Driving on a suspended license shows the court that previous penalties were not enough to deter dangerous behavior.
• Causing serious injury or death: If your DUI involves serious harm or death, it could lead to felony charges like vehicular assault or vehicular homicide. These charges often come with some of the harshest penalties under Washington law.

Prosecutors move aggressively on felony DUI cases. They often push for maximum penalties, especially when someone’s past record suggests a pattern. Having a legal team ready to counter that narrative can make a life-altering difference.

Your lawyer’s ability to tell your story—not just the state’s version—can help shift how your case is viewed.

How Prior DUIs Are Counted in Washington

Understanding how Washington views prior offenses is important. Not every past DUI will automatically “count” toward making a new DUI a felony, but many do.

The courts look at any combination of prior DUI convictions, including alcohol-related offenses like reckless driving or reckless endangerment, amended from an original DUI. Even out-of-state DUIs could be used against you if they align closely with Washington’s legal definitions.

A Tacoma DUI attorney can carefully review your record and challenge questionable priors. That kind of close attention to detail could mean the difference between facing a misdemeanor or a felony.

Other Factors That Can Make a DUI More Serious

Besides prior offenses, other aggravating factors can make your DUI case more severe, even if it doesn’t cross the felony line.

These factors include: 

• Having a very high blood alcohol concentration (BAC)
• Having a minor in the vehicle 
• Refusing a breath or blood test 

All of the above can trigger harsher penalties, mandatory minimum jail sentences, or longer license suspensions. If your case involves any aggravating factors, it’s even more important to work with a Tacoma DUI attorney who understands how to negotiate skillfully and defend fiercely.

Consequences of a Felony DUI

A felony DUI conviction will leave scars that don’t easily fade. Here’s what you could be facing:

• Up to 10 years in prison for a Class B felony conviction
• Fines reaching $20,000, depending on the case circumstances
• Loss of civil rights, including voting and firearm ownership
• Driver‘s license suspension for years, or even a lifetime in extreme cases
• Permanent felony record, impacting your career, housing options, and educational goals

Insurance rates skyrocket after a felony DUI. Many professional licenses require disclosure of felonies, which can block entire career paths. Traveling internationally also becomes harder with a felony on your record.

Washington courts don’t hand out second chances easily. Having a Tacoma DUI lawyer who understands how to break down the state’s case and build you a stronger future isn’t just important—it’s necessary.

Why Early Legal Help Matters

Waiting to get legal help after a DUI arrest hands the prosecution an advantage. Every conversation you have, every piece of evidence collected, and every delay will stack up against you.

When you call a Tacoma DUI attorney right away, you start protecting yourself immediately. Your lawyer can work to suppress damaging evidence, negotiate for reduced charges, or even pursue alternatives that keep a felony off your record.

Early action can open doors to diversion programs, treatment-based sentencing, or the uncovering of police mistakes that weaken the case against you. At NextLaw, we believe preparation beats panic. We don’t wait for things to happen—we make them happen.

Call Our Tacoma DUI Attorneys Today

If you’re wondering whether your DUI could become a felony, you can’t afford to guess your way through this. You need answers, strategy, and someone who won’t back down when the pressure is on.

When you call a Tacoma DUI lawyer at NextLaw, you’re not just hiring a legal team. You’re putting people in your corner who believe your future deserves everything we’ve got. We refuse to settle because we know that your life is on the line.

Every case deserves fearless preparation, relentless advocacy, and a team that sees the person behind the charge. If you’re ready to fight for your future, Call Dan Next. Let’s get to work on the second chance you deserve.