Minor DUI in Washington State - RCW 46.61.503

An excerpt from the book, “The DUI Handbook for the Accused.”  (Published by Outskirts Press in 2007.  Author:  David N. Jolly)

For information on your Washington State DUI please contact our Snohomish County DUI attorneys, King County DUI attorneys, Island County DUI attorneys, or Skagit County DUI attorneys at 425-493-1115 or check out our website at http://www.washdui.com/

 

Juvenile DUI (Minor DUI)

RCW 46.61.503

Under Washington law, it is a crime for a person under the age of 21 to drive or to be in physical control of a vehicle after consuming alcohol with an alcohol concentration over 0.02. This is a strict standard and is treated with zero tolerance.  The amount of alcohol required to get to a level of 0.02 is minimal, less than one beer or a glass of wine. Such a violation has grave consequences and may result in a criminal charge, an arrest, license suspension, and possibly jail.

The statute for a juvenile DUI, RCW 46.61.503, reads as follows:

(1) Notwithstanding any other provision of this title, a person is guilty of driving or being in physical control of a motor vehicle after consuming alcohol if the person operates or is in physical control of a motor vehicle within this state and the person:
(a) Is under the age of twenty-one;
(b) Has, within two hours after operating or being in physical control of the motor vehicle, an alcohol concentration of at least 0.02 but less than the concentration specified in RCW 46.61.502, as shown by analysis of the person's breath or blood made under RCW 46.61.506.

A “minor DUI” is a misdemeanor and has a maximum penalty of 90 days in jail and a $1,000 fine.  Additionally, in all likelihood there will be probation for up to two years and the conditions imposed by the court at sentencing will certainly include an alcohol assessment and follow up (an 8 hour alcohol awareness class or lengthy alcohol treatment), the attendance at a DUI victim’s panel, and possibly community service or jail time.

Additionally there is also the possibility of a 90 day license suspension imposed by the Department of Licensing for those arrested for a minor DUI.  This suspension occurs irrespective of the outcome in the criminal case.  See the Chapter on the Department of Licensing for more details.

Finally, if you are a minor and have a breath rest result of .08 or greater, or if the prosecutor can prove that you were impaired at the time of driving, you can also be prosecuted for an adult DUI and be facing the same consequences, including mandatory jail.