Understanding Felony Vehicular Assault Charges in Washington State

Felony Vehicular Assault Charges in Washington State

Felony vehicular assault is a serious charge with potentially life-altering consequences. In Washington State, the law does not take impaired or reckless driving lightly, especially when it leads to significant injuries. It’s important to understand the seriousness and legal implications of the offense. These charges can lead to jail time, fines, and long-term consequences like losing driving privileges, employment opportunities, and social reputation.

What Is Vehicular Assault?

Under RCW 46.61.522, Washington State law defines vehicular assault as causing substantial bodily harm to another person while operating a motor vehicle under certain circumstances. This doesn’t mean minor injuries like bruises or scrapes, but serious physical harm, which may include broken bones, head trauma, internal injuries, or long-term impairment.

A person may be charged with vehicular assault in Washington if the prosecution believes they operated a vehicle while under the influence of alcohol or drugs, in a reckless manner, or with no regard for the safety of others. Any one of these conditions, combined with the fact that someone else was seriously hurt, can lead to a felony charge.

How Is It Different From DUI?

Many people confuse vehicular assault with DUI (Driving Under the Influence). While both involve impaired driving, they are distinct crimes with different consequences. A DUI becomes a vehicular assault when the impaired driver causes substantial bodily harm to another person. In other words, the injuries elevate the seriousness of the offense. A DUI without an accident might result in a gross misdemeanor. A DUI that causes a serious crash and injures someone else becomes a Class B felony.

Felony Classification and Penalties

Vehicular assault is a Class B felony in Washington State and carries severe penalties. If convicted, a person could face up to 10 years in prison, a maximum fine of $20,000, or both imprisonment and a fine. Several factors affect the length of a jail term, including the defendant’s criminal history, the severity of the injuries caused, and whether drugs or alcohol were involved. In cases involving alcohol or drug impairment, judges often impose harsher penalties due to the added element of recklessness and public endangerment. A prior DUI or a criminal history can also lead to longer prison terms.

Driver’s License Consequences

Being convicted of vehicular assault almost always leads to a driver’s license suspension. The length of the suspension varies depending on the case details. If alcohol or drugs were involved, the Department of Licensing (DOL) may also require the installation of an ignition interlock device before reinstating driving privileges. For many people, losing their license is one of the most disruptive consequences affecting the ability to work, care for their family, or meet other daily obligations.

Proving Vehicular Assault

To convict, the state must prove beyond a reasonable doubt that the defendant was operating a motor vehicle while impaired, in a reckless manner, or in a way that showed disregard for others’ safety. They must show that this behavior caused substantial bodily harm to another person. Evidence used in these cases often includes police reports and crash scene investigations, blood or breath test results, witness statements, surveillance or dashcam footage, and medical records that show the extent of the injuries. In DUI-related cases, the prosecution often relies on chemical test results to prove intoxication. These tests are not always accurate or may be administered appropriately.

Defenses to Vehicular Assault Charges

A felony charge doesn’t mean you’re guilty. Various legal defenses may be used depending on the circumstances.

Challenging the Cause of the Crash

Evidence that the other driver was at fault or that a third party contributed to the accident can weaken the prosecution’s case.

Disputing the Impairment

If the case involves alleged drug or alcohol use, the defense can challenge the validity of the test results or whether the driver was impaired.

Lack of Substantial Injury

The charge may be reduced or dismissed if the injuries do not meet the legal definition of substantial bodily harm.

The Importance of Legal Representation

Because vehicular assault is a felony, the stakes are high. A conviction can result in years of prison time, a permanent criminal record, and serious limitations on your future. A knowledgeable defense lawyer can help by investigating the circumstances of the crash and negotiating with prosecutors for lesser charges or reduced penalties. They will represent you in court, guide you through licensing issues with the DOL, and advise you on complying with court-ordered conditions like treatment or probation. Don’t wait to get legal help. Early intervention often makes a difference in the outcome of the case.

What to Do If You’re Charged

If you’re facing vehicular assault charges in Washington, there are some immediate steps you can take.

1. Don’t discuss the case with anyone but your lawyer. Anything you say can be used against you.
2. Request a hearing with the Department of Licensing if alcohol or drugs are involved to fight license suspension. You have limited time to do this.
3. Gather all available documentation about the incident, photos, witness names, medical records, etc.
4. Contact an experienced defense attorney.

South Sound Law Group Defends Your Freedom, Your License, and Your Future 

If you’ve been charged with vehicular assault in Washington State, your future is at risk. This is a serious felony offense, and the consequences can include prison time, a criminal record, loss of your driver’s license, and lasting damage to your reputation. Whether you were accused of driving under the influence, reckless driving, or simply being at fault in a serious crash, South Sound Law Group will investigate and build a strong, strategic defense tailored to your case. Call us at 253-465-2722 to schedule a free consultation.