Washington State “Negligent driving in the First degree”

Negligent Driving in the First Degree (Neg. 1) is a popular reduction for DUI charges for a couple of reasons. The charge is a simple misdemeanor with a maximum of 90 days jail and a $1000 fine. There is no license suspension, no mandatory minimum penalties and a conviction for Neg. 1 does not count towards Habitual Traffic Offender Status.

The charge of Neg. 1 itself is a fairly difficult for the prosecution to prove. Not only does the State have to show you were driving in a negligent manner, but also that you were “exhibiting the effects of having consumed alcohol.” While this sounds straight forward, if you read 2(b) below you will see that it’s not so simple.

2011 Update: A person convicted of Neg. 1, when the charge originally filed as a DUI, Physical Control or similar offense, will be required to have an Interlock Ignition Device installed for a minimum of 6 months, if the person has been convicted of a “prior DUI.”

Unlike DUI, the use of Medical Marijuana is a valid defense to Negligent Driving in the First Degree (as is the use of any prescription drug) if the Medical Marijuana is used as prescribed.

RCW 46.61.5249: Negligent Driving — First Degree states:

(1) (a) 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.

(b) It is an affirmative defense to negligent driving in the first degree by means of exhibiting the effects of having consumed an illegal drug that must be proved by the defendant by a preponderance of the evidence, that the driver has a valid prescription for the drug consumed, and has been consuming it according to the prescription directions and warnings.

(c) Negligent driving in the first degree is a misdemeanor.

(2) For the purposes of this section:

(a) “Negligent” means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.

(b) “Exhibiting the effects of having consumed liquor” means that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, and either:

(i) Is in possession of or in close proximity to a container that has or recently had liquor in it; or

(ii) Is shown by other evidence to have recently consumed liquor.

(c) “Exhibiting the effects of having consumed an illegal drug” means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed an illegal drug and either:

(i) Is in possession of an illegal drug; or

(ii) Is shown by other evidence to have recently consumed an illegal drug.

(d) “Illegal drug” means a controlled substance under chapter 69.50 RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings, or a legend drug under chapter 69.41 RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.

(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.

Find out how you can get your DUI reduced to Negligent Driving in the First Degree in Everett, Edmonds, Woodway, Mountlake Terrace, Lynnwood, Brier, Bothell, Woodinville, Monroe, Mukilteo, Sultan, Gold Bar, Index, Start Up, Stevens Pass, Highway 2, Highway 9, Snohomish, Maltby, Tulalip, Marysville, Arlington, Granite Falls, Darrington, Evergreen, Cascade, and South Division.