The Laws Pertaining to Minors Arrested for DUI in Washington State

 

In the State of Washington there are specific laws pertaining to minors that are arrested for Driving Under the Influence (DUI).  These laws are obviously designed to discourage not only underage drinking but driving while under the affects of alcohol as well.

 

Specific Law

The charge referred to by the courts and the law is called Driving Under Twenty One (21) After Consuming Alcohol, also commonly known in Washington as “Minor DUI” because of the age definition.  Determining whether or not a person is guilty of this charge is quite simple; anyone that takes a breath test and has a Blood Alcohol Content (BAC) of .02 or higher is considered to be DUI.  There are no other considerations for this test. 

 

Penalties

A typical minor Washington DUI has mandatory punishment that follows a set procedure after the arrest and conviction of the suspect.  On the other hand, the minor DUI is considered a misdemeanor in most cases.  Jail time is limited to a maximum of 90 days and fines totaling $1,000.  When compared to the possibility of one year in jail and possible fine of $5,000 for a DUI of an adult it is clear that under aged drinking carries smaller penalties.

 

Penalty for Possession

Ironically, the laws surrounding possession of alcohol are more severe than the laws for people under the influence of alcohol.  Any person under the age of 21 that is caught either in the act of consuming alcohol or with alcohol in their possession are considered to be committing a gross misdemeanor.  Either of these charges carries a potential one (1) year in jail sentence along with the fine of $5,000. 

 

Taking the Breath Test and Blood Test

Surprisingly, most people are under the assumption that they must comply with all of the police officer's requests during a stop.  While it is in your best interest to act cordial to the officers, you do not have to follow along with all of their requests.  If an officer asks you to perform DUI tests such as walking a straight line or touching your nose you have the right to refuse. (these are called field sobriety tests – FSTs). In the case of taking a breath test or a blood test you have the right to speak to your attorney before conducting either of these tests.  Your attorney can meet you at the police station and handle all requests and questions directed to you so that you have the best possible outcome.

 

Requesting a DMV / MVD Hearing

If the person's BAC is .02 and higher, or if the person refuses to take the breath test, the officer will punch a hole in the person's drivers license.  This renders the license temporary.  At this point it is crucial to ask your lawyer to request a hearing within 20 days of the arrest. The hearing is conducted usually by telephone and before an examiner rather than a judge.  The purpose of the hearing is to determine 4 items.

 

1. Was the person arrested according to the guidelines of the law?
2. Were there sufficient grounds for the officer to feel that the suspect DUI?
3. Did the suspect receive advice of his or her rights according to the implied consent law?
4. Was the blood or breath alcohol level higher than the allowable limit? Or did the suspect refuse to take the test?

 

If all four items are not met then the action is dismissed and the suspect can continue to drive.  That is why it is so important to speak to a Washington DUI lawyer as soon as possible after being stopped by the police on suspicion of drunk driving.