What is a felony DUI? So there are three sort of classic or specific circumstances where a DUI would actually be elevated to a felony. So the first is if a person has ever been convicted of vehicular homicide at any point in their life, and then subsequently gets arrested for a DUI. That would be automatically elevated to a felony.
The second situation: If a person has ever been convicted of what’s called vehicular assault and then subsequently has a new DUI arrest. That would be elevated to a felony.
The third variety is if someone has their fifth DUI arrest within ten years, based on the dates of arrest, that fifth offense within ten years is elevated to a felony.
If your DUI arrest does not fit one of these three scenarios, then you’re facing a gross misdemeanor and not a felony in the state of Washington. So if you’re curious as to what type of DUI it is that you’re facing, please go ahead and give us a call at Callahan Law. We can help you with any kind.