There are two degrees of Negligent Driving in Washington. Negligent Driving in the 2nd degree is a non-criminal traffic infraction under RCW 46.61.525, and is defined as “operating a motor vehicle in a negligent manner that is likely to endanger persons or property.” Negligent Driving in the 1st Degree is a misdemeanor criminal charge under RCW 46.61.5249, and is defined as “operating a motor vehicle in a negligent manner that is likely to endanger persons or property while exhibiting the effects of alcohol consumption.” Essentially, a Negligent Driving 1st Degree charge usually results from negligent vehicle operation after having consumed alcohol. Negligent Driving in the 1st Degree carries a maximum sentence of 90 days in jail in a $1,000 fine. It is also a charge that can sometimes be offered as a negotiated resolution on a DUI offense. Depending on a person’s drive history and record, Negligent Driving can potentially carry licensing ramifications as well, including license suspensions and the requirement for an liquor to a minor” if an adult permits a minor to consume alcohol while on premises under the adult’s control.
Many people often think of an MIP as a relatively simple and common crime, but it is actually considered a gross misdemeanor offense in Washington and carries a maximum sentence of 364 days in jail in a $5,000 fine. If the person is under the age of 18, an MIP charge can also carry a driver’s license suspension as well. Finally, an MIP charge involving any type of controlled substance (e.g., marijuana) can also result in long-lasting ramifications that are often overlooked, including possible effects on student loan eligibility, firearm purchasing, as well as military qualification. Accordingly, a charge of MIP should always be taken seriously and it is wise to always consult with an attorney about this charge.
