DUI books by David N. Jolly

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Thursday, March 4, 2010

Felony DUI in Washington State

An excerpt from the book, “The DUI Handbook for the Accused.”  (Published by Outskirts Press in 2007.  Author:  David N. Jolly)

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/

 

Felony DUI

RCW 46.61.502

A charge of DUI or Physical Control is a felony if you have four or more prior offenses in the previous ten years (effective July 1, 2007).  A “prior offense” is defined as a conviction for a DUI or Physical Control, successful completion of a deferred prosecution, or a conviction for Reckless Driving, Reckless Endangerment, or Negligent Driving 1st Degree, where the charge was initially filed as a DUI or Physical Control.

Additionally, a DUI or Physical Control charge is also a felony if you have a prior conviction for an alcohol related vehicular assault or vehicular homicide.

A DUI felony is classified as a level V felony and the sentencing range for such an offense is 22-29 months in prison.  Although the felony DUI offense is a Class C felony it cannot be vacated from a person’s criminal history after five years like many other Class C felonies.  Instead you must wait ten years until this type of charge can be vacated from you criminal history.

 

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