is DUI gross misdemeanor of a felony. what about dwi

In Washington, DUI is a gross misdemeanor generally. The only time it becomes a felony is if you have a large number of priors or committed vehicular assault or homicide. Secondly, there is no such crime as DWI in Washington. All DUIs are the same.

Regarding how long it takes to file a DUI, the court and prosecutor have up to 2 years from the date of the incident. In King County it's not unusual for cases to take months to be charged - especially in the event of a blood draw. It is essential that you contact an attorney immediately to begin to discuss your options so that you can resolve this mistake as soon as possible.

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In addition to the information in the prior answer, the fact that this was a blood draw case means that it will take longer than usual to process. The blood has to be analysed to see what the alcohol content is. If the level is .08 or higher the prosecutor will almost certainly file the charge. If it is under .08 then there is a slight chance that the charge will be filed as a lesser crime.

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.

Mr Dichters answer is 100% correct. If you need a free consultation for more information, Do not hesitate to call my office.