Is Negligent Driving a Misdemeanor in Washington? (RCW 46.61.5249 & 46.61.525 Explained)

Negligent Driving in Washington State can be either a misdemeanor or traffic infraction depending on the degree. First Degree is a misdemeanor (RCW 46.61.5249), while Second Degree is a traffic infraction (RCW 46.61.525). However, Negligent Driving with Vulnerable User Victim (RCW 46.61.5259) is a gross misdemeanor.

Understanding the classification of negligent driving in Washington State is crucial for anyone facing these charges. The answer depends on which degree of negligent driving you're charged with, as Washington law distinguishes between two levels with different penalties and consequences.

Table of Contents

1. Negligent Driving Classifications
2. First Degree Negligent Driving (Misdemeanor)
3. Second Degree Negligent Driving (Traffic Infraction)
4. Key Differences Between Degrees
5. Penalties and Sentencing
6. Record Clearing Eligibility
7. Frequently Asked Questions

Negligent Driving Classifications

Washington State recognizes two degrees of negligent driving under RCW 46.61.5249 and RCW 46.61.525:

First Degree Negligent Driving

• Classification: Misdemeanor
• Statute: RCW 46.61.5249
• Maximum Penalties: 90 days in jail, $1,000 fine

Second Degree Negligent Driving

• Classification: Traffic Infraction
• Statute: RCW 46.61.525
• Maximum Penalties: $250 fine, no jail time

The key difference lies in the circumstances surrounding the offense and whether alcohol or drugs were involved.

First Degree Negligent Driving (Misdemeanor)

Negligent Driving in the First Degree is classified as a misdemeanor under RCW 46.61.5249. This is the more serious of the two degrees.

When First Degree Applies

First Degree negligent driving typically occurs when:

• The driver was under the influence of alcohol or drugs
• The driving behavior was particularly dangerous or reckless
• There was significant risk of harm to others
• The conduct showed a willful disregard for safety

Penalties for First Degree

• Maximum jail time: 90 days
• Maximum fine: $1,000
• Probation: Up to 2 years
• License consequences: May include suspension
• Record clearing: 3-year waiting period under RCW 9.96.060

To estimate your specific sentencing outcomes, use our Negligent Driving 1st Degree Calculator.

Second Degree Negligent Driving (Traffic Infraction)

Negligent Driving in the Second Degree is classified as a traffic infraction under RCW 46.61.525. This is the less serious classification and does not result in criminal records.

When Second Degree Applies

Second Degree negligent driving typically occurs when:

• The driver was not under the influence of alcohol or drugs
• The driving behavior was careless but not willfully dangerous
• There was minimal risk of harm to others
• The conduct showed a lack of reasonable care rather than willful disregard

Penalties for Second Degree

• Fine: $250
• Jail time: None (traffic infraction)
• License consequences: May include suspension
• Record impact: Appears on driving record for 3 years, no criminal record

To estimate your specific sentencing outcomes, use our Negligent Driving 2nd Degree Calculator.

Key Differences Between Degrees

Penalties and Sentencing

Actual vs. Maximum Penalties

While the statutes establish maximum penalties, actual sentences are typically much lower, especially for first-time offenders:

First Degree (Misdemeanor):

• First-time offenders: Often probation, community service, or 1-7 days in jail
• Repeat offenders: May face 7-30 days in jail
• Maximum sentences: Reserved for cases with serious aggravating factors

Second Degree (Traffic Infraction):

• All cases: $250 fine, no jail time
• Additional costs: $200-$300 in court fees
• Total cost: $450-$550

Factors Affecting Sentencing

Aggravating Factors (may increase sentence):

• Prior criminal history, especially similar offenses
• Injury to others
• Property damage
• Minor passengers in vehicle
• High blood alcohol content (for First Degree)
• Refusal to cooperate with law enforcement

Mitigating Factors (may reduce sentence):

• First-time offender
• No injury or minimal damage
• Cooperation with authorities
• Completion of alcohol/drug treatment programs
• Strong community support

Record Clearing Eligibility

First Degree Negligent Driving (misdemeanor) is eligible for record clearing (vacation) under RCW 9.96.060, but the process requires meeting specific requirements.

Second Degree Negligent Driving (traffic infraction) does not create criminal records and therefore does not require record clearing. It appears on driving records for 3 years but does not create a criminal history.

Eligibility Requirements (First Degree Only)

• Waiting period: 3 years from sentence completion
• No new offenses: No arrests or convictions during waiting period
• Fines paid: All fines, fees, and restitution must be paid
• No pending cases: No pending criminal charges
• Good behavior: No violations of probation or parole

Record Clearing Process (First Degree Only)

1. File petition: Submit vacation petition to the court
2. Pay filing fee: Current fee is approximately $200-300
3. Court review: Judge reviews petition and criminal history
4. Hearing: May be required if there are questions about eligibility
5. Order: If granted, court issues vacation order
6. Record clearing: Criminal justice agencies update their records

Benefits of Record Clearing (First Degree Only)

• Employment: Can answer "no" to most criminal history questions
• Housing: Landlords cannot consider vacated convictions
• Professional licenses: Many licensing boards cannot consider vacated convictions
• Background checks: Vacated convictions should not appear on most checks

Frequently Asked Questions

Is negligent driving a misdemeanor or gross misdemeanor?

It depends on the specific statute. First Degree negligent driving (RCW 46.61.5249) is a misdemeanor, while Second Degree (RCW 46.61.525) is a traffic infraction. However, Negligent Driving with Vulnerable User Victim (RCW 46.61.5259) is a gross misdemeanor with higher penalties.

What determines whether I'm charged with First or Second Degree?

The degree depends on factors like whether alcohol or drugs were involved, the severity of the driving behavior, and the risk of harm to others. Prosecutors consider the specific circumstances of each case.

Can a DUI be reduced to negligent driving?

Yes, in some cases. Prosecutors may offer to reduce DUI charges to negligent driving (usually First Degree) as part of plea negotiations, especially for first-time offenders or cases with lower blood alcohol content.

How long do negligent driving convictions stay on my record?

First Degree negligent driving (misdemeanor) convictions remain on your criminal record indefinitely unless vacated. Second Degree negligent driving (traffic infraction) appears on your driving record for 3 years but does not create a criminal record.

What's the difference between negligent driving and reckless driving?

Reckless driving requires willful disregard for safety (RCW 46.61.500), while negligent driving involves a lack of reasonable care. Reckless driving is generally more serious and carries higher penalties.

Conclusion

Understanding whether negligent driving is a misdemeanor or gross misdemeanor in Washington depends on the specific statute charged. First Degree (RCW 46.61.5249) negligent driving is a misdemeanor with higher penalties, while Second Degree (RCW 46.61.525) is a traffic infraction with lower penalties. However, Negligent Driving with Vulnerable User Victim (RCW 46.61.5259) is a gross misdemeanor with higher penalties. Only misdemeanor degrees are eligible for record clearing after 3 years, but the process requires careful attention to eligibility requirements.

If you're facing negligent driving charges, consult with an experienced Washington criminal defense attorney who can help you understand your options, potential penalties, and strategies for defense or plea negotiations.

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Consult with a qualified Washington criminal defense attorney for advice specific to your situation.