How do I know if I am charged with misdemeanor DUI or felony DUI?
In which court is the case pending?If a DUI charge is pending in a municipal or district court it is a misdemeanor charge. Examples of these courts include Seattle Municipal Court, King County District Court, and Whatcom County District Court. A DUI charge pending in a Superior Court is likely a felony DUI charge except that a misdemeanor DUI charge arising out of the same conduct that also constitutes a felony may be prosecuted along with the felony charge in Superior Court.
Examine the complaint or charging documentThe complaint, or charging document will specify whether the DUI charge is a misdemeanor or felony. Whereas in most cases a DUI charge will be prosecuted as a misdemeanor, a DUI can be prosecuted as a felony if the accused has four or more "prior offenses" within ten years. In addition, a DUI that causes "substantial bodily harm to another" is charged as felony "vehicular assault."