Minors and DUI

Minors and DUI in Washington

Washington has a zero-tolerance policy on alcohol consumption under the legal age of 21. Consequences for minors caught driving while under the influence can be severe, but these can be lessened or avoided with our help at DUI Attorneys of Washington.

As with adults, a minor driving with a BAC level of over .08 percent within two hours of driving can be convicted of the DUI the per se law in RCW 46.61.502. Minors are treated just like adults if they are between 16 and 21 years of age. One major difference is alcohol consumption for minors is illegal.

To further enforce these laws, and other reasons, Washington has a separate crime for minors who drive with a BAC reading of 0.02 percent or more within two hours of driving.  This offense, Minor Driving after Consuming Alcohol, is contained in RCW 46.61.503, and is often termed "Minor DUI". This statute also prohibits any THC marijuana in the bloodstream of a minor.  With adult DUI charges there is a per se level of 5.0 mg/100L.

Prosecutors will file DUI charges for minors above age 16 if the evidence supports a full DUI charge. Penalties for Minor DUI are nonetheless lower, relatively speaking, than a full-blown DUI. For this reason, defense attorneys will attempt to convince a prosecutor to reduce DUI charge against a minor to Minor DUI, because of the lesser penalties.

General penalties for DUI under 21

A person under age 21 with more than .02 percent alcohol in their breath or blood will have their driver's license suspended for at least six months, if it is a first offense. With a second offense of underage DUI, the license will be suspended for at least one year.

If the test revealed a BAC of .05 or more, their license will be suspended indefinitely until the individual has completed the court-ordered substance abuse course. If the person refuses to take a breath or blood test, their license is automatically suspended for one year.

Anyone between the age of 18 and 21 is subject to being tried as adults for DUI. This means they will face penalties at the level of an adult, including harsh fines, jail time, and installation of ignition interlock. DUI involving a minor under the age of 18 will be processed as a juvenile offense.

A juvenile conviction for DUI can significantly affect an individual's chances for future scholarships, college admittance and employment. While DUI convictions typically result in some sort of increase in insurance premiums for adults over the legal age, minors convicted of DUI experience an incredible increase in insurance rates - many thousands of dollars!

Avoid conviction of underage DUI

The stakes are much higher for Washington minors facing DUI charges. Not only will the sentence be a burden at the time it is being carried out, but the conviction record will affect the individual's future in many negative ways. It is important to take every measure to either lessen the charge, or get it dismissed altogether. Given Washington's strict laws, achieving these results requires special skill by the lawyer.

Don't leave your son's or daughter's future to someone with lesser experience. Contact us at DUI Attorneys of Washington immediately.