Drunk or drugged driving can lead to serious criminal charges in Washington, but not all charges are the same. While a standard DUI involves impaired driving, vehicular assault involves a crash that causes injury. The two are closely related, but the legal consequences can be very different.
At LaCross & Murphy, we handle DUI and felony-level traffic cases across Kitsap County and surrounding areas. If you’re facing charges or trying to understand what makes one charge more serious than another, here’s what you need to know.
What Is a DUI in Washington?
A DUI (Driving Under the Influence) is charged when a person is operating a vehicle while affected by alcohol, drugs, or both. This includes:
- A blood alcohol concentration (BAC) of 0.08% or higher
- Driving under the influence of marijuana or other controlled substances
- Driving while physically or mentally impaired due to any intoxicant
Penalties for a DUI vary depending on prior offenses, but even a first offense can lead to jail time, license suspension, fines, and the installation of an ignition interlock device.
What Is Vehicular Assault in Washington?
Vehicular assault is a felony charge that applies when someone causes serious bodily harm while driving under the influence or driving recklessly. Unlike a standard DUI, this charge involves a collision that results in injury.
Under RCW 46.61.522, vehicular assault includes three types of driving behavior:
- Driving under the influence (alcohol or drugs)
- Reckless driving
- Disregarding the safety of others
To be charged, the crash must result in substantial bodily harm to another person. That could include broken bones, head trauma, or any injury that requires extended medical care.
How Are the Charges Different?
| Factor | DUI | Vehicular Assault |
| Severity | Typically, a gross misdemeanor | Class B felony |
| Injury required? | No | Yes, it must involve a serious injury |
| Jail time | 1–364 days (for first offense) | Up to 10 years in prison |
| License impact | Suspension or revocation | Longer suspension; may face revocation |
| Fines | Up to $5,000 | Up to $20,000 |
Vehicular assault is a much more serious charge and often results in felony prosecution, longer sentences, and harsher long-term consequences.
Can a DUI Become Vehicular Assault?
Yes. If you’re involved in an accident while driving under the influence and someone is seriously injured, prosecutors may charge you with vehicular assault instead of or in addition to DUI.
This is especially common in crashes involving:
- Pedestrians or cyclists
- Multiple vehicles
- High-speed collisions
- Severe injuries requiring hospitalization
Once the case becomes a felony, it will move to the superior court, making the defense process more complex, as is typical with how felony cases are handled in Washington.
What Are the Legal Defenses?
Each case is different, but some common defenses to DUI and vehicular assault charges include:
- Challenging the accuracy of BAC or drug testing
- Questioning the timeline of the alleged impairment
- Showing that the injury was not caused by the driver’s actions
- Arguing improper police procedures or constitutional violations
- Presenting expert testimony on causation or impairment
Having the right defense attorney can make a big difference in pursuing reductions, dismissals, or alternatives to jail, so choosing a firm with experience and a strong track record is key to building a solid defense.
The Stakes Are High in Felony Traffic Cases
Vehicular assault charges are life-changing. Beyond prison time and a felony record, a conviction can impact employment, housing, and your legal ability to drive. That makes having strong legal support from day one crucial. Experienced defense attorneys understand how prosecutors in Kitsap County typically handle these cases and can help protect your rights.
Facing DUI or Vehicular Assault Charges in Kitsap County, Washington?
Whether you’ve been charged with DUI or vehicular assault, you need a defense that protects your rights and your future. These charges carry serious consequences, but with the right legal strategy, there may be paths to a better outcome.
If you’re dealing with a recent arrest in Port Orchard or anywhere in Kitsap County, contact LaCross & Murphy for a confidential case review. We’re here to help you understand the charges, weigh your options, and take the next step forward with confidence.
