Is DUI gross misdemeanor of a felony. what about dwi

A DUI is a gross misdemeanor punishable by up to a year in jail and/or a $5000 fine. Typically in DUI cases where a blood draw was taken, it will take a bit longer to file than those where a breath test was taken. The blood is taken in two vials, collected by the officer, placed into an evidence locker, transported to the Washington State Toxicology lab for testing and then the results are provided. This is why there is a delay in your case. It is possible for the case to "slip through the cracks" (government could miss the filing deadline, but this is not likely and few and far between. In Washington state the government has 2 years in which to file a DUI case, so it is likely to have the time to file your case. It is extremely rare for a case to not be filed within the statutory allotted timeframe. You also need to take immediate action to challenge any supsension of your license, as this is a blood draw, it is likely the Department of Licensing will notify you of your right to have an administrative hearing to challenge any suspension of your license should the toxicology results show a BAC of above .08 based on your blood results. At that time, you should contact a competent DUI attorney to assist you with your case.