Tacoma, WA Felony DUI Attorney

Trusted Felony DUI Attorney Defending Clients in Tacoma, Washington

In some cases, a charge of driving under the influence (DUI) can be prosecuted as a felony in Washington. This can have very serious implications upon a conviction, with the very real possibility of years in prison and thousands of dollars in fines. If you or somebody you care about has been accused of this offense, do not wait to get legal help. Contact a Tacoma, WA felony DUI defense attorney today.

At The Law Office of Michael Austin Stewart Criminal Defense Lawyer, we have over 30 years of experience representing clients accused of serious felony crimes. We approach every case with a trial-ready strategy, so you can trust that you will receive an aggressive defense.

When Can You Be Charged With Driving Under the Influence in Washington State?

In Washington, a driver can be charged with driving under the influence in several ways. The state may rely on a breath or blood test, officer observations, driving behavior, field sobriety tests, or a combination of evidence.

A DUI charge may be filed if a driver has a blood alcohol concentration of 0.08 or higher within two hours of driving. A person may also be charged if a blood test shows a THC concentration of 5.00 or higher within two hours of driving. However, prosecutors do not always need a test above the legal limit. A person can still face DUI charges if the state claims he or she was under the influence of, or affected by, alcohol, cannabis, any drug, or a combination of substances.

This means a DUI case may involve alcohol, marijuana, prescription medication, illegal drugs, or over-the-counter medication. The question is not only what was in the person's system, but whether the state can prove impairment while driving.

Facing Felony DUI Charges in Tacoma?

Most DUI cases in Washington are charged as gross misdemeanors. A DUI can become a Class B felony when a person has three or more prior qualifying offenses within 15 years. A DUI may also be charged as a felony if the person has a prior conviction for certain serious impaired-driving offenses, such as vehicular homicide or vehicular assault while under the influence.

A Class B felony conviction can carry up to 10 years in prison and a fine of up to $20,000. Felony DUI can also lead to community custody, ignition interlock requirements, alcohol or substance use treatment, and long-term consequences for employment, housing, and firearm rights.

License consequences are also serious. Washington treats the criminal case and the Department of Licensing action separately. Depending on the test result, refusal, and prior history, a DUI-related suspension or revocation may range from 90 days to four years. For a felony DUI involving multiple prior offenses, the revocation period may reach three or four years.

Disputing BAC Test Results in a Tacoma DUI Case

A BAC result may seem like hard proof, but it is not always reliable. Breath testing machines must be properly maintained and calibrated. Officers must follow required testing procedures. Blood samples must be collected, stored, transported, and tested correctly.

A defense may challenge the timing of the test, the handling of the sample, the accuracy of the machine, or the qualifications of the people involved. Medical conditions, mouth alcohol, rising BAC, improper observation periods, and contamination can also affect the strength of the state's evidence.

Reasonable Suspicion in Washington State DUIs

Before a DUI investigation begins, an officer must have a lawful reason for the traffic stop. Reasonable suspicion may come from alleged traffic violations, erratic driving, equipment issues, or other specific observations. A vague hunch is not enough.

If the stop was unlawful, evidence gathered afterward may be challenged. That can include officer observations, field sobriety tests, statements, and chemical test results. In some cases, a successful challenge to the stop can weaken the entire prosecution.

Contact a Tacoma, WA Driving Under the Influence Defense Attorney

At The Law Office of Michael Austin Stewart Criminal Defense Lawyer, we defend clients facing serious DUI charges in Tacoma. We examine the stop, testing process, prior offense history, and every weakness in the state's case. Call 253-442-7544 or contact our Tacoma, Washington driving under the influence defense lawyer to schedule a free consultation.