Vehicular Assault Defense in Spokane

Washington’s Vehicular Assault Law: RCW 46.61.522

Washington’s vehicular assault statute defines the offense as causing substantial bodily harm to another person while operating a vehicle in one of three ways: recklessly, while under the influence of alcohol or drugs, or with disregard for the safety of others. Each pathway carries a different sentencing range, but all three are charged as Class B felonies.

“Substantial bodily harm” under RCW 9A.04.110 includes a temporary but substantial disfigurement, a temporary but substantial loss or impairment of the function of any bodily part or organ, or a fracture of any bodily part. The Washington Supreme Court has defined the reckless-manner standard as driving in a rash or heedless way, indifferent to consequences. This is a higher standard than the willful-or-wanton-disregard standard used for misdemeanor reckless driving, and that distinction can matter when building a defense. If an injured victim later dies from their injuries within three years, the charge can be elevated to vehicular homicide.

Penalties for a Vehicular Assault Conviction in Washington

A Class B felony conviction can carry up to 10 years in prison and a fine of up to $20,000. Where a defendant falls within that range depends on the sentencing grid and their criminal history.

• DUI-based or reckless-manner offenses are assigned seriousness level 4, with a standard sentencing range of roughly 3 to 9 months for a first-time offender
• Disregard-for-safety offenses are assigned seriousness level 3, with a standard range of 1 to 3 months for a first-time offender
• Child passenger enhancement: Washington law adds a 12-month sentencing enhancement, served consecutively, for each child passenger under 16 present in the vehicle when the offense involved impairment
• Multiple victims: Each injured person in a single incident can be charged as a separate count

A conviction also triggers driver’s license revocation under RCW 46.61.524. When the offense involved impairment, reinstatement can require completion of a substance use disorder treatment program. An ignition interlock device requirement may also apply after reinstatement.

Defense Strategies in Vehicular Assault Cases

The defense approach depends on which of the three charging pathways the state is pursuing and what evidence it’s relying on. Several lines of challenge are commonly available.

Challenging Blood or Breath Testing
In DUI-based vehicular assault cases, the state must prove that impairment actually caused the injury, not just that alcohol or drugs were present. Blood and breath tests are subject to strict collection, handling, and calibration requirements, and protocol failures can affect whether those results are admissible.

Contesting Recklessness or Disregard
The legal standards for recklessness and disregard for safety require specific proof about the nature of the driving. Whether the conduct actually met those standards is a factual question that can be contested, particularly when the state’s evidence is circumstantial.

Accident Reconstruction
How the collision occurred is often disputed. Independent accident reconstruction analysis can challenge the state’s account of speed, point of impact, or fault, affecting both causation and the driving-conduct element of the charge.

Identity and Causation
Defense can also address whether the accused was actually the driver, and whether the driving conduct was the actual cause of the injuries rather than some other factor.

Vehicular Assault Cases in Spokane County Superior Court

Felony vehicular assault charges are heard in Spokane County Superior Court, the court of general jurisdiction for felony criminal matters in the county. The court sits within Washington’s 13th Judicial Department, one of 39 superior court districts across the state. A felony case moves through arraignment, pretrial motions, and either trial or plea proceedings. Suppression hearings, where the admissibility of evidence like blood test results or accident-scene documentation is contested, can shape the outcome significantly.

If a conviction results and an appeal is warranted, appeals from Spokane County Superior Court go to the Washington Court of Appeals, Division III, headquartered in Spokane and covering counties east of the Cascades. Phelps & Associates has conducted hundreds of trials across more than 20 years. We know this court, its procedures, and how to position a case at every stage.