Minor DUI

Minor DUI Attorney in Vancouver, WA: Under 21 Years Old and Driving After Consuming Alcohol or Cannabis

In Washington State, DUI is not the only driving related offense related to drinking and driving. Most people are familiar with the DUI laws and their basic consequences. If you ask the average person, they’d even be able to tell you that you cannot drive with a blood alcohol concentration of 0.08%. However, many people are unfamiliar with RCW 46.61.503, Driving Under Twenty-One Consuming Alcohol or Cannabis (colloquially called “Minor DUI”).

Under Washington law, if you are under the age of twenty-one (21), it is also a crime to drive within two hours of having a BAC of above 0.02% or with THC in your system.

Elements of a Minor DUI Crime

Specifically, a person is guilty of driving or being in physical control of a motor vehicle after consuming alcohol or cannabis if the person operates or is in physical control of a motor vehicle in Washington State and the person:

(a) is under the age of twenty-one; and

(b) Has, within two hours after operating or being in physical control of the motor vehicle, either:

(i) 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; or

(ii) A THC concentration above 0.00 but less than the concentration specified in RCW 46.61.502, as shown by analysis of the person’s blood made under RCW 46.61.506.

Unlike DUI or Physical Control, RCW 46.61.503 is a simple misdemeanor, which is punishable by a maximum of 90 days in jail and a $1,000.00 fine. Additionally, this crime does not require an ignition interlock device like a conviction for a DUI or Physical Control offense.

Your blood alcohol concentration can be proven by either a breath test or a blood test, so it also pays to understand your rights and obligations under Washington law when it comes to these testing procedures.

Defenses

There are potential defenses to the crime similar to DUI, however. One defense is to prove that the alcohol or cannabis was consumed after driving or being in physical control of the vehicle. RCW 46.61.503 requires that this defense be raised timely so consulting with an attorney is crucial if you wish to raise such a defense.

Like the Physical Control law, the defense of “safely off of the roadway” is likewise available under this statute if it is not alleged or provable that you were driving the motor vehicle after having consumed alcohol or cannabis as well.

There are several other affirmative defenses under the law that might be available.  These sometimes come up in the context of circumstances of the particular case.  These can include necessity, coercion, entrapment, etc.  These defenses are much less common than the enumerated defenses above, but may be applicable in some special cases.  If you are unsure whether you have a valid defense in your case, it pays to consult with an experienced DUI attorney.  We offer a free consultation if you want to explore the particulars of your case.

License Suspension

If you’ve been arrested or convicted of a Minor DUI, you could face a suspension of your license for a ninety day period.  Once arrested, the police are required to notify the Washington Department of Licensing to begin an action to suspend your driver’s license.  You must be provided with a form to request an administrative review hearing.  You only have 7 days to request a hearing if you wish to challenge the license suspension process.  This hearing is generally held over the phone and your attorney can raise many of the defenses available under law at this hearing as well.

If you don’t yet have your standard license and only have an instruction permit, a conviction for Minor DUI can also limit your ability to apply for your standard license once you would otherwise be eligible to apply.  A conviction possibly lead to a suspension from between 90 days to two years depending on your other criminal history.

We Can Help Defend Your Minor DUI Charge

Just because a Minor DUI doesn’t carry the same penalties as a DUI, does not make it a trivial matter.  The consequences can be long-lasting and far-reaching.  At VanWa Legal, we can help advise you on the possible consequences and help you implement a defense to help avoid or minimize the fall out of your criminal charges.  We offer a free consultation on every case and have helped hundreds of similarly situated clients throughout the years.  We can investigate your case, negotiate on your behalf with the prosecution and help you move on with your life with the least negative impact possible.  In some cases, we can also take your case to trial and help clear you of all wrongdoing.  Each case is different, so it pays to consult with an experienced DUI lawyer early in your case.  If you want to take charge of your case and hire a lawyer that can make a difference, call us today to schedule an appointment.