Negligent Driving Attorney

Negligent driving in the first degree is a traffic offense of misdemeanour. It is defined in RCW 46.61.5249

A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle 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 an illegal drug or exhibits the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects.

In that it is a crime to drive after drinking alcohol, this charge is very similar to a DUI. This charge is not like a DUI. It does not require proof of alcohol. To prove this charge, the police officer doesn’t need to take a breath test. Only proof that some drug or alcohol is required. The State must also prove that the driver was negligent and that the driving put at risk persons or property. The standard for a DUI case is that the driver was intoxicated by alcohol. It is usually easier to prove a charge of negligent driving than a DUI.

Negligent Driving Conviction: The Consequences

Washington law considers this a misdemeanor. The maximum sentence is 90 days in prison and a $1,000 fine. Contrary to a DUI conviction, there is no mandatory minimum sentence. There is no Ignition Interlock or court-ordered license suspension. The Department of Licensing could still suspend your license or require you to get an Ignition Interlock device.

A DUI amended conviction to Negligent Driving In the First Degree will be considered a DUI conviction within seven years.