Learn More About Felony DWI Charges

Driving while intoxicated (DWI) is not just a driving offense, it is considered a crime.  When an individual is arrested for a DWI offense in the United States, it results in a criminal record that has the potential to hurt him/her financially as well as restrict his/her educational and professional opportunities in the future.

In most cases of driving while intoxicated (DWI) or driving under the influence (DUI), the conviction results in a misdemeanor charge or a gross misdemeanor charge. It may be considered a felony charge as punishment in certain circumstances. In case of a DWI misdemeanor charge, the punishment and penalties include a mandatory jail sentence, probation or community service that may last up to a year along with a steep fine of up to $5,000.  A felony DWI has more severe penalties in the form of restricted freedoms and a prison sentence.

What Is a Felony DWI Offense?

In general a felony is a criminal act which is punishable by a year or more in prison. A felony charge is reserved for certain serious criminal acts such as frauds, murder and robbery.  In certain circumstances a drunk driving case has the potential to warrant a felony charge.  Circumstances under which an individual can be charged with a Felony DWI charge are:

1.Most states offer a wash out period that ranges between 5 and 12 years. This implies that if an individual has not committed any additional DWI or DUI offense within this wash out period, then his/her DWI or DUI conviction records are cleared from his/her driving records. However, if the individual is charged with three or more DWI or DUI offenses within a period of 5 or 12 years (depending on laws followed by a particular state in the United States), the DWI charge can be elevated to a felony DWI charge.

2.An individual can be charged with a felony DWI if that person has been previously found guilty of a vehicular assault or a vehicular homicide while intoxicated or under the influence of alcohol, drugs or other substances.

3.If the individual simultaneously commits a DWI offense along with a vehicular assault or a vehicular homicide.

Most states use factors such as the number of repeat DWI convictions and the number of DWI offenses committed within the stipulated wash out period to ascertain if a  DWI offense shall be charged as a felony charge. States such as Idaho and Kentucky also take into consideration the offender’s blood alcohol concentration level or BAC when the DWI or DUI offense was committed.

Penalties for Felony DWI Offenses

Penalties for driving while intoxicated or DWI varies from one state to another. Most states sanction harsh penalties to restrict the recurrence of DWI or DUI offenses. DWI offenses in most states carry serious penalties even for a first time offense.

For more serious cases of DWI resulting in drunk driving accidents that cause grave bodily harm to the victims, or cause irreparable damages, or if an individual arrested for a DWI has several repeat offenses, the charge and punishment become much more severe. A recurring drunk driver or an individual responsible for a drunk driving accident may be charged with a felony DWI.

There are 27 states that enforce a mandatory length of imprisonment that can range between 48 hours and 3 years in a federal prison. In addition to the confinement, the states also make it mandatory for the offenders to pay fines which can be a minimum of $390 and can go up to $150,000.

Washington State considers a felony DWI charge as a Class C felony.  A Class C felony offense warrants a maximum fine that can be of $10,000 and includes imprisonment for a period of 5 years or less. However, Class C felony is not applicable to DWI offenses which involve vehicular assault or vehicular homicide or a DWI offense simultaneously along with a vehicular assault or vehicular homicide.

A case involving vehicular assault or homicide is considered more serious than just a Felony DWI case and falls under Class A and Class B felony charges. Vehicular assault is a Class B felony with penalties in the form of imprisonment up to 10 years and paying fines which can be up to $20,000. Vehicular homicide is a Class A felony which requires the offender to pay a fine of $50,000 and also involves a jail sentence that can be life in prison.

In addition to these penalties, if the DWI offense results in an accident that causes permanent disability, grave bodily harm or death to a passenger or driver, or if the offender flees from the location of the accident, it is also considered as an Aggravated DWI offense or Felony DWI offense.