A felony DUI is a fundamentally different case. It moves from district or municipal court into Spokane County Superior Court, sentencing is governed by the Sentencing Reform Act rather than misdemeanor mandatory minimums, and a conviction carries the lifelong consequences of a felony record — including the loss of firearm and voting-related rights and severe employment barriers.
These cases require thorough defense work, because the stakes justify examining every element: whether the current charge is provable, and whether the prior convictions the State is relying on actually qualify.
When does a DUI become a felony in Washington?
| Route to a felony DUI | Detail |
|---|---|
| Three prior convictions within 15 years | Making the current charge the fourth. "Within 15 years" means the arrest for the prior occurred within 15 years before or after the arrest for the current offense |
| A prior conviction for vehicular homicide or vehicular assault | One is enough |
| A prior felony arising from either of the above | One is enough |
A felony DUI is a class B felony sentenced under the Sentencing Reform Act, not under the misdemeanor DUI grid. Cases causing serious injury or death are charged separately as vehicular assault or vehicular homicide.
Because the prior convictions are what elevate the charge, they are also a genuine avenue of defense. Priors from other states, old convictions with procedural defects, and convictions that do not actually qualify under the statute are all worth challenging before anything else. Note too that the look-back window widened from ten to fifteen years on 1 January 2026, so older convictions that once fell outside it may now count.
How is a felony DUI sentenced?
Felony sentencing in Washington uses a standard range produced by the seriousness level of the offense and your offender score — a calculation based on criminal history. That calculation is technical, and errors in it are not rare. Getting the offender score right can change the range substantially, which is why we verify it independently rather than accepting the State's worksheet.
Are there treatment alternatives for a felony DUI?
Washington has continued to expand treatment-oriented options in impaired driving cases, and a sentencing alternative is available for certain felony DUI defendants. Whether one applies depends on the specific charge, your history, and an assessment — and pursuing it requires groundwork well before sentencing.
How is a felony DUI defended?
- Challenging the legality of the stop and the arrest
- Attacking the breath or blood evidence, including warrant issues on blood draws
- Testing whether the alleged prior convictions legally qualify to elevate the charge
- Verifying the offender score and standard range calculation
- Building a mitigation record — treatment, employment, family circumstances — for sentencing
- Negotiating toward a resolution below the felony level where the facts permit
What are the long-term consequences of a felony DUI?
A felony conviction affects employment, housing, professional licensing, firearm rights, and immigration status, and DUI convictions in Washington cannot be vacated. If you are facing a felony DUI, this is the point to get serious representation involved immediately — the decisions made in the first weeks shape everything that follows.
Frequently asked questions
When is a DUI a felony in Washington?
When you have three prior convictions within fifteen years, making the current charge the fourth — or one prior conviction for vehicular homicide or vehicular assault, or a prior felony arising from either. The window widened from ten to fifteen years under amendments effective 1 January 2026. It is a class B felony sentenced in Superior Court.
Can prior convictions be challenged?
Yes, and it is often the most productive line of defense. Out-of-state priors, older convictions with procedural defects, and convictions that do not qualify under the statute may not support elevating the charge to a felony.
Will I go to prison?
Felony DUI carries prison exposure, with the range determined by the seriousness level and your offender score. Sentencing alternatives focused on treatment exist for some defendants, but they have to be pursued deliberately.
Where is a felony DUI heard?
In Spokane County Superior Court, rather than the district or municipal court that handles misdemeanor DUIs.
Ready to talk through your situation?
Reach a Schwab Law attorney in Spokane today.