Washington State DUI Alternatives

If you were arrested for DUI in Washington State, it may be possible to have the DUI charge “amended” to a different charge.

Reckless Driving. In Washington, reckless driving is a gross misdemeanor, the same level of offense as a DUI.  The maximum jail sentence is 364 days and the maximum fine is $5,000.  However, there is no mandatory minimum jail time for a reckless driving offense, no ignition interlock restriction, and only a 30-day license suspension.  As of September 1, 2011, however, there will be an ignition interlock restriction for reckless driving originally filed as a DUI or Physical Control if you have prior DUIs or similar convictions and for reckless driving originally filed as vehicular homicide while under the influence.

Negligent Driving in the First Degree. In Washington, negligent driving in the first degree is a simple misdemeanor.  The maximum jail term is only 90 days, and the maximum fine is a thousand dollars.  Like a reckless driving, there is no mandatory minimum jail time, and no ignition interlock restriction.  As of September 1, 2011, however, there will be an ignition interlock restriction for negligent driving in the first degree if you have prior DUIs or similar convictions.

Reckless Endangerment. A reckless endangerment is a gross misdemeanor, punishable by up to 364 days in jail and a $5,000 fine, but there is no mandatory minimum jail sentence, no ignition interlock requirement, and no SR22 insurance requirement.  There is no license suspension, unless the reckless endangerment involved endangering roadway workers in a construction zone or emergency workers in an emergency zone.

If a person originally charged with a DUI or Physical Control is convicted of one these criminal offenses as an amended charge, then the person gets another DUI within 7 years, the amended charge is treated as if it were a DUI conviction for the purposes of sentencing on the subsequent DUI.  This means that hefty jail time, fines and license revocation will be mandatory.