Minor DUI Attorney in King County, WA
Washington Minor DUI – Under 21 Years Old
A charge of driving under the influence (DUI) of drugs or alcohol is a serious offense, no matter what your age is. In the state of Washington, special rules apply for drivers who are under the age of 21 and intoxicated while operating a vehicle. These rules include a very low legal limit and separate penalties specifically for minor DUI convictions. If convicted for DUI as a minor, it can greatly affect your life, finances, and freedom.
The thought of having to go to court, being possibly sentenced to serve jail time, and losing your license can be terrifying. Even so, you do not have to face a minor DUI alone. The Curtis Firm is a King County law office dedicated to helping clients resolve their legal issues so they can move forward with their lives. Contact our law firm today to schedule a free consultation to learn more about how we can assist you.
What is Underage DUI?
Under Washington state law, it is illegal for a person under the age of 21 to drive while intoxicated, and it is often commonly referred to as “minor DUI.” While drivers aged 21 and over have a “legal limit” of 0.08% blood alcohol content (BAC), the limit is considerably lower for drivers under the age of 21.
If a person is under 21, the “legal limit” is 0.02% BAC. A single beer may cause a person to exceed the 0.02% BAC limit. It can be even easier to exceed the legal limit when a person is of a smaller build, has not eaten in a while, or consumes alcohol with higher alcohol content.
Washington state has a “zero tolerance” policy when it comes to underage DUI. Anyone facing underage DUI charges must seek legal representation immediately to avoid the long-lasting consequences that a conviction can bring.
What is the Difference Between a Minor DUI and an Adult DUI?
An underage DUI is also different from an adult DUI in several ways. While the BAC limit is different, as shown above, a prior conviction of underage DUI is not considered a “prior offense” for purposes of DUI sentencing. A minor DUI is a different charge and will not be used to elevate a later DUI. For example, if you were convicted of an underage DUI at the age of 20 and then convicted of a DUI at the age of 22, the underage DUI at the age of 20 will not be considered a prior offense for purposes of the DUI at the age of 22.
That said, while the underage DUI will not be considered a “prior” for purposes of charging you, a judge may consider it to determine your sentence.
An underage DUI also does not require a showing that you were intoxicated; just that you were above a 0.02% BAC is sufficient. This aspect of Washington state DUI law is unique because you could have been completely fine to drive, but were charged nonetheless. Fortunately, there are ways to defend your case, and an experienced Washington DUI lawyer can help.
Is There a Mandatory License Suspension for a Minor DUI?
If you are arrested for a minor DUI, there is an automatic driver’s license suspension of at least 90 days, imposed by the Washington Department of Licensing. This suspension is based on Washington’s “implied consent” law. Implied consent means that, when anyone operates a motor vehicle, they have already consented to submit to a breath or blood test.
This automatic suspension can be contested, and you should fight it as soon as possible. To do so, you can file a request for a hearing with the Department of Licensing (DOL). The request must be filed with the DOL within seven days of the arrest to ensure you are granted a hearing.
Any time spent under an administrative suspension can be applied to a criminal suspension if one is later imposed. Because the hearing takes place through a phone call that is recorded, having a minor DUI act as your legal advocate is highly recommended so that you do not inadvertently reveal more information that could incriminate you.
This suspension may also require “high-risk” auto insurance, called SR-22 insurance, and the Department of Licensing can require it in order for you to regain your driving privileges.
Can a Minor Be Charged with an Adult DUI?
Yes. If a person under the age of 21 has a blood alcohol concentration (BAC) that measures 0.08% or higher, or if the driver’s marijuana THC level exceeds five nanograms per milliliter of blood, they can be arrested and charged with a typical DUI.
Just because a person is under the age of 21 does not mean that person is entitled to special treatment under the law. That being the case, the standard penalties and sentences for a misdemeanor DUI or even a felony DUI will still apply. Regardless of whether the defendant is charged as a minor or an adult, most DUI cases are held in adult court, not juvenile court.
If a minor is convicted of an adult DUI, they can face the same serious consequences as those of legal adults, including being sentenced to serve prison time.
Can a Minor DUI be Charged as a Felony?
Although most minor DUI charges are usually charged as misdemeanors, a charge could be elevated to a felony depending on the circumstances. Some of the factors that could result in a minor DUI include:
- The minor has multiple prior DUI-related offenses within 15 years.
- The minor has a prior conviction for vehicular assault or vehicular homicide while driving under the influence.
If convicted, a minor could be subject to severe consequences comparable to adult penalties. If the individual who has been charged is under 18, they could be sentenced to serve time in a juvenile detention facility. If they are 18, they could be sentenced to adult prison depending on the severity of the crime.
Anyone convicted of a felony DUI will be branded as a convicted felon and have a permanent criminal record that can haunt them for the rest of their lives. Having a felony can negatively impact education, housing, and employment opportunities.
Additionally, as with other DUI convictions, the Department of Licensing (DOL) will suspend the minor’s driver’s license. A felony DUI conviction can result in a lengthy driver’s license suspension or revocation, depending on the facts of the case.
What are the Penalties for Underage DUI in Washington State?
If a person is charged with underage DUI, they face a possible simple misdemeanor conviction. While not as serious as a gross misdemeanor or felony, it is still a serious charge that requires a strong legal defense.
If convicted of the crime, a person faces the following potential penalties:
- Up to a maximum of 90 days in jail, or in a juvenile detention center if the suspect is under the age of 18 years old
- A maximum possible fine of $1,000; and
- Up to a maximum of two years of probation
These penalties can have a serious effect on your life, your finances, and your freedom.
What are the Collateral Consequences of an Underage DUI Conviction?
In addition to criminal penalties that may be imposed, a conviction for Underage DUI can also result in other consequences.
For example, those who are applying to college are analyzed with a fine-toothed comb. A criminal offense on your record can make it challenging to get into the college you want. Also, if your driver’s license was suspended, it will affect your ability to get to work. If you cannot get to work, you will likely lose your job.
Many people do not think about these collateral consequences, but there are ways to defend your case and limit them.
Can a Minor DUI Conviction Be Sealed or Expunged?
Washington state law does not allow a minor DUI conviction to be vacated or expunged. A DUI conviction will remain on an adult’s criminal record indefinitely.
But if the case was handled in juvenile court for someone who was under 18 at the time, the criminal record may be sealed if it meets specific criteria. If the minor has completed all terms of their sentence, such as probation, payment of court costs, and no other pending criminal charges.
Although a juvenile record is sealed, it is not erased and can still be accessed for employment or housing inquiries.
The best way to avoid being a minor and having a criminal record and DUI penalties is to hire a knowledgeable attorney who can fight to try to have the charges reduced or possibly dismissed.
What are the Legal Benefits of Hiring a Lawyer to Defend My Minor DUI Case?
To defend your underage DUI case, you can raise certain legal defenses that can cause your charges to be reduced or even dismissed. These include, but are not limited to:
- Filing a Suppression Motion: When evidence is unconstitutionally obtained by Washington law enforcement, that evidence can be kept out of trial. Without this evidence, the prosecutor may not be able to prove their case.
- Challenging Breath or Blood Tests: To prove underage DUI, the prosecutor must demonstrate that you had a BAC of 0.02% or higher. Challenging the accuracy of the blood or breath test can present doubt as to its accuracy.
- Raising Affirmative Defenses: Under Washington law, a person charged with minor DUI can raise the affirmative defense that they consumed the alcohol after driving, but within 2 hours of driving.
Contact Our Washington DUI Lawyers Today to Get Started on Your Case
If you or someone you care about has been arrested for underage DUI, you need an experienced DUI attorney to defend your case and protect your constitutional rights. Washington state takes a tough stance on underage drinking, so you need an attorney who will craft a strong defense strategy that provides maximum results.
Experienced Washington DUI attorney James Curtis at The Curtis Firm will defend your case strategically and aggressively, knowing that a conviction can be harmful to your future. If you have questions about our legal services or are ready to get started protecting your future, contact our King County law office today at 253-649-2426 to schedule a free strategy session.