A large share of Washington DUI arrests don't end in a DUI conviction. They end in a plea to negligent driving in the first degree — "Neg 1" in the courthouse shorthand — a charge that exists in Washington law specifically for drivers who were impaired-ish, driving badly, and not provably over the limit. It's a real reduction with real benefits. It is not, as a lot of drivers assume, an insurance non-event.

Here's what the charge is, what pleading to it actually saves, and where it still lands on your record and your rate.

What Neg 1 is

Under RCW 46.61.5249, a person commits negligent driving in the first degree by operating a vehicle negligently — without ordinary care, in a way that endangers or is likely to endanger people or property — and exhibiting the effects of having consumed alcohol, cannabis, or any drug. The second element is what separates it from ordinary negligent driving (Neg 2, a traffic infraction). It's the "you'd clearly been drinking, but the state can't or won't prove DUI" charge.

Neg 1 is a misdemeanor: up to 90 days in jail and a $1,000 fine. A Washington DUI is a gross misdemeanor: up to 364 days and $5,000, with mandatory minimum jail time, a mandatory license suspension, and an ignition interlock requirement. That gap is why prosecutors offer the reduction and why defense attorneys take it.

What the plea saves

Three things, and they're substantial:

  1. No mandatory license suspension from the conviction itself. A DUI conviction suspends your license by statute; Neg 1 doesn't.
  2. A smaller criminal exposure. Misdemeanor rather than gross misdemeanor, and no mandatory jail.
  3. No DUI on the record for employment, licensing, and — for most carriers — the DUI surcharge tier.

There's one thing it doesn't save, and it matters: a Neg 1 conviction counts as a prior offense for any future DUI within seven years under Washington's DUI statute, and a Neg 1 with a prior DUI-type offense in that window triggers the ignition interlock requirement on its own. The plea resets the punishment, not the clock.

Where it still hits your insurance

Two places, and the second one surprises people.

The conviction. Neg 1 is a criminal traffic conviction on your Washington driving record, and insurers read it. Most carriers don't put it in the DUI tier, but they don't treat it as a speeding ticket either — it lands in the major-violation band, priced somewhere between the two. In the Washington rate data, a clean-record driver pays about $57 a month for liability at State Farm, the cheapest carrier in the state; a driver with a DUI averages $132 for liability and $254 for full coverage in the Washington rate table. A Neg 1 driver's renewal typically falls between those bookends, and the spread between carriers for a major violation is far wider than for a clean record. Our guide to the cheapest car insurance in Washington has the full carrier table by driver profile, and it's the table to check before assuming your current carrier's renewal is the market.

The administrative suspension. This is the part the plea doesn't touch. When you're arrested for DUI in Washington and you either fail or refuse the breath test, the Department of Licensing starts a separate administrative suspension that has nothing to do with the criminal case. You can request a hearing within days of the arrest; if you don't, or you lose, the license is suspended regardless of what happens in court. Reinstating from that suspension requires an SR-22 filing for three years. So a driver who pleads down to Neg 1 and avoids the court-ordered suspension can still be carrying an SR-22 from the DOL suspension that ran on its own track. In the Washington data, SR-22 policies average $71 a month at State Farm, the cheapest filer in the state. Our SR-22 explainer covers the mechanics; the Washington guide's high-risk section covers which carriers file it and what they charge.

What to do

  1. Request the DOL hearing immediately after the arrest. The window is short and it's the only way to prevent the administrative suspension — and the SR-22 that follows it — independent of how the criminal case resolves.
  2. Understand what the Neg 1 plea buys and doesn't. It avoids the DUI tier, the mandatory suspension, and the gross misdemeanor. It doesn't erase the record, and it counts as a prior for seven years.
  3. Tell your insurer the truth when asked. Applications ask about convictions, not arrests. Neg 1 is a conviction; answer accordingly, because the carrier will pull the record anyway.
  4. Shop the renewal. Carriers price a major violation very differently. State Farm leads the Washington high-risk rows in the current data; compare quotes for your profile before your current carrier's renewal reprices you, or non-renews you.
  5. If there's an SR-22, don't let it lapse. Three years is the clock; a lapse restarts it and re-suspends the license. Autopay first.
  6. Re-shop every year. The surcharge fades faster at some carriers than others, and the carrier that priced you gently during the filing period is rarely the cheapest after it. Check what you'd pay today, and again when the SR-22 comes off.

Neg 1 is a good outcome from a bad night. It's also a conviction, a prior, and — if the DOL suspension already ran — an SR-22. Treat it as all three when you shop, and the reduction saves you money for the full three years instead of just in the courtroom.


Negligent driving in the first degree per RCW 46.61.5249 (misdemeanor; prior-offense and ignition-interlock provisions per RCW 46.61.5055 and 46.20.720); DUI penalties per RCW 46.61.5055. Administrative license suspension and SR-22 requirements per the Washington Department of Licensing. Washington carrier and driver-profile rates per the data cited in our Washington guide, current as of August 2026. How carriers classify Neg 1 varies by insurer; the DUI and clean-record figures are shown as bookends. This is general information, not legal advice; a Washington DUI attorney can evaluate your specific case.