Washington Underage DUI Offense
Minor or Underage DUI
In the State of Washington, if you are under the age of 21 years it is illegal to drive with a blood alcohol level (BAC) of .02 or higher. However, it is also illegal to drink at all if you are under age 21and therefore, it is likely that you will be cited with either Underage Consumption or Minor DUI. All driving offenses have original jurisdiction in District Court. However, if the person is under age 16, then Juvenile Court has original jurisdiction. In such instances, the sentencing guidelines for Juvenile Court would apply.
Potential Penalties
In the case of a Minor DUI there would be a maximum of 30 days in detention, a maximum of 150 hours of community service, up to 12 months of probation, and up to a $500 fine. In addition, any juvenile case is subject to a $100 court fee.
Revocation of Juvenile Driving Privileges
A juvenile's driving privileges may be revoked for violations not directly related to driving and may be revoked prior to the juvenile being eligible for a driver's license or permit.
Juvenile Courts, District Courts, and Municipal Courts are required by law to notify the Department of Licensing when a juvenile has been convicted of an alcohol or drug offense. The Department of Licensing is then required to suspend or revoke the license for a period of one year. This also applies to diversion agreements. A juvenile may have his or her license revoked or suspended for all offenses for which an adult license may be suspended or revoked. Additionally, if a juvenile is driving without a valid license, his or her license will be suspended.
All revocations of juvenile driving privileges are consecutive. In other words, the newest suspension does not begin until the last one ended. Multiple offenses could result in longer revocations. A second offense will require a suspension of two years or until age 18, whichever is longer. Any period of revocation ends at age 21.
Early reinstatement is a possibility in certain circumstances after 90 days. The most common reason for early reinstatement being that a diversion agreement was entered and completed. At the point that the agreement is completed, the diversion program should forward notice to the Department of Licensing notifying them of the completion. The juvenile's license will then be reinstated. If it is the first diversion agreement, the reinstatement cannot happen prior to the person's sixteenth birthday. If it is a second diversion agreement, then reinstatement cannot happen prior to the person's seventeenth birthday.
Possible Defenses
At Keith Barton & Associates, we have an experienced criminal defense team that will comprehensively analyze the facts of your case and prepare the best legal defense. The goal in every case is to determine whether a legal or factual argument can be made that can result in a dismissal of the charges or an acquittal after trial, or alternatively, to mitigate the penalties associated with a conviction.
There are many defenses to DUI charges. DUI charges are complicated and technical and depend a great deal on the accuracy of police actions. The police officer is required to administer the Standard Field Sobriety Tests (SFSTs) accurately, otherwise the results cannot be trusted and may be excluded from evidence. Also, if the breath test is not administered properly or if the officer did not observe you for a period of time before administering the breath test, the result cannot be trusted and could be excluded from evidence. For the prosecution to have a solid DUI case against you the police officer must do everything properly and accurately. It is important to retain an attorney who understands the complexity of a DUI case and is experienced in successfully asserting these and other defenses.
