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When pulled over for a DUI how can an officer state felony dui?

Tacoma, WA |

When an officer writes a ticket for DUI what factors would make it a felony instead of a misdeamenor?

Attorney Answers 3

Posted

See the WA dui laws:, in part:

(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.

(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:

(a) The person has four or more prior offenses within ten years as defined in RCW 46.61.5055; or

(b) The person has ever previously been convicted of:

(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);

(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);

(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or

(iv) A violation of this subsection (6) or RCW 46.61.504(6).

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Posted

Review attorney Solis' answer and the caselaw he cites in his answer.

If you or someone you know has been charged with felony DUI, you will not get the help you need on this or any other website. Speak directly with an experienced DUI defense attorney in the Tacoma area to assist you.

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Posted

5th DUI in a 10 year period from violation date to violation date typically. You need to get an attorney now. Find one in your local area and it will be less expensive. Many great attorneys here on Avvo.com from your area.

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