Negligent Driving in the First Degree

Among Washington’s traffic laws, few infractions carry as much weight as negligent driving in the first degree. Unlike negligent driving in the second degree, which is treated as a civil infraction, negligent driving in the first degree is a criminal misdemeanor. This offense is closely tied to alcohol and drug use, and it represents the state’s attempt to punish drivers who put others at risk while impaired—even if their behavior does not rise to the level of a DUI.

The law governing negligent driving in the first degree is found in RCW 46.61.5249.

RCW 46.61.5249 – Negligent Driving—First Degree

The statute provides:

“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 cannabis or any drug or exhibits the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects.”
 RCW 46.61.5249 – Washington State Legislature

This law makes it clear that negligent driving in the first degree requires two elements: operating a vehicle negligently and showing signs of impairment from alcohol, drugs, or other intoxicants.

Breaking Down RCW 46.61.5249

1. Negligent manner – The driver must operate the vehicle carelessly, endangering or likely to endanger people or property. Examples include swerving, speeding in poor weather, or rolling through stop signs.
2. Signs of alcohol or drug use – Unlike DUI, the statute does not require proof of a specific blood alcohol concentration. Instead, prosecutors only need to show that the driver exhibited the “effects” of alcohol, illegal drugs, or intoxicating substances. This could be slurred speech, bloodshot eyes, the odor of alcohol, or erratic driving behavior.
3. Criminal classification – First-degree negligent driving is a misdemeanor. It is considered less severe than DUI but far more serious than negligent driving in the second degree.

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

How Negligent Driving 1st Degree Is Charged

This charge often arises when a driver has been drinking or using drugs, but their level of impairment does not meet the legal threshold for DUI under RCW 46.61.502. For instance, a driver with a blood alcohol content (BAC) below 0.08 may still be charged with negligent driving in the first degree if their behavior suggests impairment.

Common scenarios include:

• A driver weaving across lanes on I-5 after consuming alcohol.
• Someone stopped on SR 167 who admits to taking prescription drugs that cause drowsiness.
• A motorist with slurred speech who nearly collides with another vehicle on U.S. Highway 2 but tests below the DUI limit.

The Washington Traffic Safety Commission emphasizes that impairment—even short of DUI levels—is a major factor in serious crashes statewide.
 Washington Traffic Safety Commission

Penalties for Negligent Driving 1st Degree

The penalties are significant because this offense is a criminal misdemeanor:

• Jail time – Up to 90 days.
• Fines – Up to $1,000.
• Probation – Courts may impose probation and mandatory treatment.
• Criminal record – A conviction results in a permanent criminal record, which can affect employment, housing, and licensing.

It is important to note that negligent driving in the first degree does not carry mandatory license suspension like DUI, but judges may still impose restrictions or conditions.

Information about misdemeanor classifications and penalties can be found at the Washington Courts.

First Degree Negligent Driving’s Relationship to DUI

Negligent driving in the first degree is often referred to as a “lesser included offense” of DUI. Prosecutors may reduce a DUI charge to negligent driving in the first degree when evidence of impairment is present but not strong enough to secure a DUI conviction. While this may seem like a better outcome than a DUI, it is still a criminal conviction with long-lasting consequences.

The Washington State Department of Licensing provides information about how DUI and related offenses impact driver privileges. A qualified Washington attorney may also be able to help.
 Washington Department of Licensing – Alcohol and Drugs

Defenses to a Negligent Driving 1st Degree Charge

Common defenses include:

• Challenging whether the driver was actually negligent.
• Arguing that the observed “effects” were caused by fatigue, illness, or another medical condition rather than alcohol or drugs.
• Questioning the accuracy of field sobriety tests or officer observations.

Because the statute does not require proof of a specific BAC, the case often hinges on officer testimony and subjective observations, which can be challenged in court. Obviously, a serious charge of this nature demands guidance from an experienced Washington criminal lawyer with a background in traffic law.

Court procedures and forms for contesting charges are available at the Washington Courts – Resources.

Avoiding Negligent Driving 1st Degree Charges

The best prevention is avoiding any driving after drinking alcohol, using drugs, or taking impairing medication. Designating a sober driver, using public transit, or calling a rideshare service are practical ways to avoid risking arrest. Drivers should also be aware of the impairing effects of some legal prescriptions and over-the-counter medications.

The AAA Foundation for Traffic Safety provides resources on impairment and roadway safety.
 AAA Foundation for Traffic Safety

In Closing

Negligent driving in the first degree sits at the intersection of negligence and impairment. It is more serious than a simple traffic infraction and can result in a criminal record, fines, and even jail time. Under RCW 46.61.5249, prosecutors need only prove that a driver operated negligently while showing signs of impairment, even if their BAC was below the legal DUI threshold.

For drivers in Washington, understanding this law is critical. By avoiding impairment, staying attentive, and making safe driving decisions, motorists can prevent costly mistakes and protect their futures. Whether commuting along I-405, traveling U.S. Highway 12, or navigating city streets, the best way to avoid a negligent driving 1st degree charge is to keep impairment out of the driver’s seat.

Frequently Asked Questions: Negligent Driving in the First Degree in Washington State

FAQ Summary

Negligent driving in the first degree is more than a simple ticket—it is a criminal offense that can leave drivers with a permanent record, fines, and even jail time. Unlike DUI, it does not require proof of a certain BAC, making it easier for prosecutors to pursue. By avoiding impairment, staying attentive, and respecting Washington’s traffic laws, drivers can keep themselves, their passengers, and others on the road safe.

Dealing with the Courts

Negligent driving in the first degree is a criminal misdemeanor, and cases are handled in the district or municipal court with jurisdiction over the officer that cites the driver with this criminal offense. For example, if a driver is stopped by a highway patrol officer for weaving on Interstate 5 near Seattle, the matter would likely go to King County District Court. A case arising from impaired driving behavior on Interstate 90 through Spokane would be heard in Spokane County District Court, while an incident on State Route 167 in Kent could be handled through Kent Municipal Court, if the officer in charge of the stop was a local cop.

Because negligent driving in the first degree is a misdemeanor, defendants must appear in court unless their attorney is permitted to appear on their behalf. Courts will set hearings for arraignment, pretrial negotiations, and possibly trial if the case is contested. Failing to appear can result in a bench warrant and additional legal consequences. For information about how Washington courts handle misdemeanor cases, drivers can review resources at the Washington Courts website.

Although negligent driving in the first degree is often seen as a “reduced” charge compared to DUI, it is still a criminal conviction that carries lasting consequences. Promptly addressing the charge, understanding the penalties under RCW 46.61.5249, and pursuing available legal options are the best ways to minimize its impact. By avoiding impairment and practicing safe driving on Washington’s highways—from the congested lanes of I-405 in Bellevue to the rural stretches of U.S. Highway 12—motorists can protect both their legal record and the safety of others.