

Snohomish County Negligent Driving Defense Attorneys
First-Degree Negligent Driving Charges in Snohomish County, WA
Washington State establishes and enforces two different negligent driving laws: negligent driving in the first degree and negligent driving in the second degree. While both of these laws hold motorists accountable for placing others on public roads and highways in danger, they differ significantly in scope.
The critical difference between Washington’s negligent driving charges is that first-degree negligent driving involves the presence of drugs and alcohol and is considered a misdemeanor offense according to the Revised Code of Washington, as opposed to a traffic infraction. Second-degree negligent driving charges cover all other cases of unsafe driving and is not a criminal charge, and comes with a $250 fine alone.
If you have been charged with negligent driving in the first degree in Snohomish County, call our firm at (425) 296-9358 or contact us online today.
First-Degree Negligent Driving & DUI Charges
Washington created these two distinct offenses several years ago to confront the problem of drivers who exhibited signs of intoxication or impairment yet still had a blood alcohol concentration (BAC) below the legal limit of .08%. This means that even if a motorist is driving within the legal BAC limit, they may still face criminal charges similar to driving under the influence (DUI).
Negligent Driving? You Need a Snohomish County Attorney
Don’t be fooled by the term “negligent driving”—this is an alcohol-related criminal charge, and as such, you need a DUI defense attorney to ensure your rights and future are protected. This is where DUIHeroes can step in.
Our Washington DUI firm practices DUI defense exclusively, giving us the necessary experience and resources for fighting these charges. Our DUI specialist, Attorney Jonathan Dichter, has led our firm to an average 95% success rate* getting first offenses dismissed or reduced. If you, a loved one, or someone you care about has recently been charged with first-degree negligent driving, call an experienced Snohomish County negligent driving lawyer from DUIHeroes.
Definition of Negligent Driving in the 1st Degree in Washington
As defined by the statute, operating a motor vehicle negligently refers to a motorist’s failure to exercise ordinary care. This means that when a driver fails to act in a manner that a reasonably careful person would act, they exhibit signs of negligent driving.
According to RCW § 46.61.5249, a driver can be charged with negligent driving 1st degree if they:
- Operate a motor vehicle negligently and in a manner that is likely to endanger any person or property; and
- Exhibit the effects of having consumed alcohol or any drug, or exhibit the effects of having inhaled or ingested any chemical for its intoxicating or hallucinatory effects.
The statute clarifies that exhibiting the effects of alcohol can be determined if the motorist has an odor of liquor on their breath, or exhibits signs of intoxication by speech, manner, appearance, behavior, and/or lack of coordination. The only affirmative defense to this charge under the law is if the defendant was under the influence of a drug with a valid prescription and taken as instructed.
In addition to signs of alcohol intoxication, at least one of the following must be present:
- The driver is in possession or in close proximity to a container containing alcohol; or
- There is evidence showing that the driver recently consumed alcohol.
Intoxication & Negligent Driving in the First Degree
In relation to a case of negligent driving involving any type of drug or chemical, a motorist must exhibit the same types of impairment as defined by the statute relating to intoxication.
At least one of the following two elements must also be present:
- The driver is in possession of an illegal drug or chemical substance; and/or
- There is evidence showing that the driver recently consumed an illegal drug or chemical substance.
Washington State Penalties for Negligent Driving 1st Degree
Depending on the nature of the charge and the driver’s criminal record, criminal and driver’s license penalties may vary. As a misdemeanor offense, however, typical penalties can include probation, fines up to $1,000, up to 90 days imprisonment, or both.
Additionally, motorists convicted of first-degree negligent driving may face driver’s license suspensions and, in certain cases involving individuals with prior DUI or negligent driving convictions, may be required to install an ignition interlock device (IID) on any vehicles they own.
Defense for Negligent Driving in Snohomish County, WA
While criminal and driving penalties can be harsh, they can be effectively avoided or mitigated with the assistance of a proven Snohomish County DUI defense attorney. Defense strategies will differ on an individual basis, but will generally focus on challenging any chemical evidence of impairment or intoxication, arresting protocol of law enforcement officers, and a motorist’s driving abilities, among other elements.
It is also important to note that in certain cases, individuals who have been charged with DUI may be able to reduce their charge to first-degree negligent driving, which can reduce criminal penalties. While a first-degree negligent driving charge is serious, it’s preferable to a full DUI conviction.
Discuss Your Options with a Snohomish County DUI Attorney
As a firm that focuses exclusively on DUI defense and related driving offenses, we are uniquely prepared to handle first-degree negligent driving cases. Founding attorney Jonathan Dichter has spent years representing individuals throughout the state of Washington who have found themselves facing these serious criminal charges. He’s a DUI specialist who has committed his career to the study of defending against these charges. Equipped with extensive experience, tools, and resources, we are capable of fighting aggressively on your behalf.
As negligent driving 1st-degree cases must be addressed on an individualized basis, we encourage you to bring your case to our firm as soon as possible. Contact us today!


Average of 95% of First Offenses Reduced or Dismissed*
Proven, Respected & Recognized
At DUIHeroes, we exclusively defend DUI cases—nothing else. Our attorneys, including two former prosecutors, bring specialized insights and unmatched experience to the courtroom, ensuring you get the best possible defense.
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AmendedWRONG WAY DUI AMENDED TO NEGLIGENT DRIVING 1ST DEGREE
Client had driven several times over the lane divider into oncoming traffic, smelled of alcohol, showed poor coordination, admitted to drinking, and gave a breath test over .18. – Kittitas County, WA
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AmendedDRUG DUI AMENDED TO NEGLIGENT DRIVING 1ST DEGREE
Drug DUI amended to Negligent Driving 1st Degree through negotiation with the prosecutors. – Oak Harbor, WA
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AmendedDUI AMENDED TO NEGLIGENT DRIVING 1ST DEGREE
DUI amended to Negligent Driving 1st Degree through negotiation with the prosecutors. - Mountlake Terrace, WA
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AmendedDUI AMENDED TO NEGLIGENT DRIVING 1ST DEGREE IN EVERETT
DUI amended to Negligent Driving 1st Degree through negotiation with the prosecutors. – Everett, WA
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DismissedDUI DISMISSED DUE TO ILLEGAL ARRESTClient was stopped for driving without headlights and performed poorly on field sobriety tests. The officer in question, however, was shown to have performed the tests illegally and improperly, both coercing and tainting the evidence. Client was arrested and booked into jail for DUI. At a motions hearing, a judge dismissed the case in full as the officer was found to have illegally obtained evidence and illegally arrested our client. - Mill Creek, WA
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Reduced3RD OFFENSE IN LIFETIME DUI REDUCED TO NON-DRIVING OFFENSEClient charged with a 3rd offense above .15 breath test DUI. Presented evidence to the prosecutor about the validity of the traffic stop. DUI was reduced to Reckless Endangerment which is a non-driving related offense with no mandatory jail or licensing consequences. Client was thrilled! - Lynnwood, WA
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Reduced2ND OFFENSE IN LIFETIME DUI REDUCED TO MISDEMEANOR WITH NO JAIL OR FINEClient charged with a 2nd offense DUI in her lifetime. Prosecutor was presented with evidence that the blood vials used to draw her blood were expired and evidence that the Office who arrested her did so with a variety of tainted evidence. DUI was reduced to Negligent Driving in the 1st Degree and the court waived the fine and imposed no jail time! - Lynnwood, WA
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Amended3RD OFFENSE DUI
3rd offense DUI Amended to Reckless Driving through negotiation. - Lynnwood, WA
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Not GuiltyDUI FOUND NOT GUILTY AT TRIAL
Client slammed into a concrete barrier, admitted to seven bottles, and refused a test of his blood. - Lynnwood, WA
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Not GuiltyDUI FOUND NOT GUILTY AT TRIAL
Client refused a test of his breath. - Lynnwood, WA

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We know the system inside and out. With 50+ years of collective legal experience, our attorneys have the specialized knowledge and skill to fight for you.
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Results are everything. With thousands of successful cases and an average of 95% of first offenses reduced or dismissed*, our record speaks for itself.
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With 100% focus on DUI defense, we know what it takes to fight, win, and protect your future. See how DUIHeroes has changed lives, one victory at a time.
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Highly recommend Kaia and the team“Kaia has been extremely communicative, easygoing, and understanding.”
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Competent, Caring, and Compassionate“A remarkable team of competent, caring, and compassionate attorneys.”O- Olaf


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