Offender Score Washington: Same Criminal Conduct in State v. Wysgoll
Washington courts use the offender score system to calculate criminal sentencing. In State v. Wysgoll, the Washington Court of Appeals evaluated whether two charges—DUI and reckless driving—should count as the same criminal conduct under RCW 9.94A.589(1)(a). The ruling provides important insight into how offender score in Washington is calculated when multiple convictions arise from a single event.
What Is an Offender Score in Washington?
An offender score reflects a defendant’s criminal history and influences the length of their sentence. The more prior convictions or current charges counted separately, the higher the offender score—and the longer the sentence.
Learn more from our guide: What Is an Offender Score in Washington State?
Understanding the Same Criminal Conduct Rule
Under RCW 9.94A.589(1)(a), multiple current offenses are considered the same criminal conduct if they:
- Happened at the same time or as part of a continuous sequence,
- Involved the same criminal intent, and
- Had the same victim.
When the court finds that all three elements apply, the offenses are treated as one for offender score purposes.
For broader context on this rule, see: RCW 9.94A Sentencing Reform Act Basics
The Facts in State v. Wysgoll
William Wysgoll was charged with both DUI and reckless driving after a single driving incident. At sentencing, the trial court treated these offenses separately, which increased his offender score. Wysgoll appealed, arguing that they should count as the same criminal conduct.
Court’s Ruling on Offender Score in Washington
The appellate court affirmed the lower court’s decision. Although the charges stemmed from the same event, they required different levels of criminal intent:
- DUI is a strict liability crime based on impairment.
- Reckless driving requires proving conscious disregard for safety.
Because the crimes involved different intents, they failed the same criminal conduct test under Washington law, and the offender score was calculated using both.
Why the Offender Score Ruling Matters
This case demonstrates how key differences between offenses—especially criminal intent—can result in higher offender scores in Washington. A higher score means longer potential jail time and more severe penalties.
Final Thoughts
In State v. Wysgoll, the court clarified how the offender score is impacted when multiple charges arise from a single incident. The ruling shows that even when offenses occur simultaneously, they won’t necessarily qualify as the same criminal conduct.
Understanding how offender scores in Washington are calculated is essential for defendants, attorneys, and anyone navigating the state’s sentencing process.
About Blanford Law:
At Blanford Law, we are committed to providing relentless, fair, and honest legal representation. With over 20 years of experience, Ken Blanford founded our firm on the belief that every client deserves respect and the best possible defense, free from assumptions or preconceived notions. If you or someone you know is facing legal challenges related to traffic violations or other legal matters, please contact us anytime at 253-720-9304 or email us at info@blanfordlaw.com.
