DUI

Driving under the influence of marijuana is a crime in Washington state. When marijuana is involved, a blood THC level of 5 nanograms will establish that the driver was under the influence. While Washington allows medical marijuana use under limited circumstances, it is still a crime to drive after such use. 46.61.502

A deferred prosecution on a DUI case is governed by RCW 10.05.010

A person can have only one deferred prosecution per lifetime. RCW 10.05.010

Therefore, the decision whether to use that option must be carefully weighed. For this reason, it may not be advisable to enter a deferred prosecution on a first offense.

If you have been diagnosed as alcohol dependent, drug dependent or have certain mental health issues, you may be eligible for a deferred prosecution. RCW 10.05.020

A deferred prosecution requires probation for up to five (5) years and successful completion of all treatment and probation recommendations.

The entire program is intensive. You will be required to complete an extensive chemical dependency program and report to a probation officer. You will be required to pay for treatment and probation.

These requirements include:

• On deferred prosecution, one must totally abstain from alcohol and all other non-prescribed, mind-altering drugs – this means medical or recreational marijuana too.
• You must attend at least 2 self-help recovery support group meetings per week. Alcoholics Anonymous (AA) is the most common group.

Successful completion of a three-phase treatment program.

• Phase 1: intensive outpatient treatment consisting of a minimum of seventy-two (72) hours of treatment for a maximum of twelve (12) weeks.
• Phase 2: no less than once per week of approved outpatient counseling, group or individual, for a minimum of six months following the intensive phase of treatment.
• Phase 3: no less than once per month of outpatient contact, group or individual, for the remainder of the two-year deferred prosecution period. RCW 10.05.150

On deferred prosecution one must only drive a vehicle equipped with an ignition interlock device for 1, 5, or 10 years. The length of time will depend upon the number of times the DOL has required you to install an IID in the past.

Reckless driving is defined as driving a vehicle “in willful or wanton disregard for the safety of persons or property.” RCW 46.61.500

Reckless driving is considered a serious criminal traffic offense in the State of Washington. As a gross misdemeanor, it carries a maximum sentence of one year in jail and a $5,000.00 fine. If convicted of Reckless Driving in Washington the Department of Licensing will suspend the driver’s license for 30 days.

Reckless Driving Penalties – DOL

Reckless driving convictions usually result from cases originally charged as DUI.

Negligent Driving in the First Degree is defined as driving in a “manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or marijuana or any drug or exhibits the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects.” RCW 46.61.5249

Negligent Driving in the First Degree is a misdemeanor with a punishment of up to 90 days in jail, and a $1000 fine. However, if one has certain prior charges (usually alcohol/drug related), the court may require installation of an ignition interlock device on all vehicles operated. RCW 46.20.720

Negligent Driving in the Second Degree is ranked as a civil traffic infraction; it is not a criminal law violation. However, this is the type of infraction that may have significant insurance consequences.

Negligent Driving in the Second Degree is defined as under circumstances not constituting negligent driving in the first degree, operating a “motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.” RCW 46.61.525

Negligent Driving in the Second Degree is a traffic infraction with a penalty of a $250 fine. The court may require installation of an ignition interlock device on all vehicles operated. RCW 46.61.525

Negligent Driving in the Second Degree – Vulnerable User is defined as operating a motor vehicle “under circumstances not constituting negligent driving in the first degree, he or she operates a vehicle, in a manner that is both negligent and endangers or is likely to endanger any person or property, and he or she proximately causes the death, great bodily harm, or substantial bodily harm of a vulnerable user of a public way.” RCW 46.61.526

“Vulnerable user of a public way” means:
(i) A pedestrian;
(ii) A person riding an animal; or
(iii) A person operating any of the following on a public way:
(A) A farm tractor or implement of husbandry, without an enclosed shell;
(B) A bicycle;
(C) An electric-assisted bicycle;
(D) An electric personal assistive mobility device;
(E) A moped;
(F) A motor-driven cycle;
(G) A motorized foot scooter; or
(H) A motorcycle.

Negligent Driving in the Second Degree – Vulnerable User is a traffic infraction with a penalty of a minimum $1000 fine and a 90-day driver’s license suspension. RCW 46.61.526

Reckless endangerment is defined as recklessly engaging “in conduct not amounting to a drive-by shooting but that creates a substantial risk of death or serious physical injury to another person.” RCW 9A.36.050

Reckless Endangerment is a gross misdemeanor with a punishment of up to 364 days in jail, and a $5000 fine. No IID requirement or license suspension. RCW 9A.36.050