Many otherwise law abiding citizens are pulled over on suspicion of DUI everyday. Many of those people end up being charged with the crime of driving under the influence. They go through the legal system and hear different phrases being thrown around – reckless driving, negligent driving first degree, negligent driving second degree, and “slow neg” etc. This post explains these different possible resolutions and the positives/negatives of each.
Driving under the Influence (DUI): RCW 46.61.502
Being found guilty of DUI, either by plea/stipulation, or at jury trial, is the worst thing that can happen if you are originally charged with DUI. You will be subject to mandatory minimum jail time/fines. You will be on probation for 5 years. Your driver’s license will be suspended/you will need to have an ignition interlock installed on any vehicle you drive. You will be ineligible to get/keep a commercial driver’s license (CDL). You will have to do at least some alcohol drug treatment/classes, which could be as short as a one day class or as long as a 2 year treatment plan. Lastly, if the court has a probation office/officer, you will likely have to check in with them periodically (until you are done with treatment, at least).
Listed below are the typical amendments/offers potentially available in your DUI case. **THEY ARE NOT GUARANTEED** Many factors play in a role in what offer you get, so it is best to get an attorney on your case right away…
Reckless Driving (RCW 46.61.500):
- Pluses: only 2 years of probation. No mandatory minimum fine/jail requirements.
- Minuses: 364 days of jail available for probation violations. Driver’s license suspension for 30 days. Counts as a major moving violation (if you get any 3 of those in a 5 year period, you become a habitual traffic offender (RCW 46.65.020 ) and your license will be suspended for up to 7 years. Conviction will count as a prior for sentencing purposes if you are charged with DUI again in the next 7 years.
Negligent Driving First Degree (RCW 46.61.5249):
- Pluses: only 2 years of probation. Maximum 90 days of jail/$1000 fine. Unlikely to have to check in with a probation office/officer. No driver’s license suspension. Not a major moving violation. No mandatory minimum fine/jail requirements.
- Minuses: Conviction will count as a prior for sentencing purposes if you are charged with DUI again in the next 7 years.
Negligent Driving Second Degree (RCW 46.61.525):
- Pluses: It’s a $550 traffic ticket. No probation/probation officer. No possibility of jail. Does NOT count as a prior if you go get another DUI charge in the next 7 years. No drug/alcohol classes (or further classes if you had done some already)
- Minuses: May slightly increase your cost of insurance. It will count as a moving violation (though NOT a major one).
“Slow Neg/Slow Reckless”: Some courts allow a stipulated order of continuance (SOC), which continues the case for a period of time without any admission/finding of guilt. If you satisfy the conditions of the contact, the city promises to reduce/dismiss the DUI. Prosecutors may offer a slow neg/reckless.
- Pluses: Will eventually end up with a reduction to a lesser charge or ticket, avoiding mandatory DUI penalties above.
- Minuses: If you violate this contract, you are found guilty of DUI without having a jury trial. These contracts are typically for 24 months, so that is a lot of time for you to screw up. Some employers will penalize you for a pending DUI (it appears on your criminal record as an open case), even though you haven’t been found guilty or admitted guilt in any way.
DUIs are highly technical and you definitely need an advocate on your side. Contact Feldman & Lee (206.817.7353) today for a free consultation!
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