A very common charge for minors is the crime of Driving Under Twenty-one After Consuming Alcohol. Commonly referred to as a "Minor DUI", this is a misnomer in that it does not currently count as a DUI on one's criminal record nor does it invoke the same penalties as a DUI. What differentiates this charge from a DUI, other than the age requirement, is that to be convicted, the person's BAC need only be a .02 or greater. Unlike a DUI, whether or not the individual is impaired generally does not matter.

A Minor DUI in Washington does not carry the mandatory penalties of a DUI but there are similarites. First, the Department of Licensing will take an action against the license of a minor who has a BAC over a .02 the same as it would an adult who had a breath test of a .08. If the minor is under 18, the action could be more extreme. Additionally, as with a DUI, the court will be concerned about the alcohol element of the crime. It will likely expect an alcohol evaluation and follow up as it would with a person charged under the DUI statute.

Despite the differences between DUI and "Minor DUI" consequences, a Minor DUI is a crime.  It is punishable by potential jail, license suspension, probation, fines. As a simple misdemeanor it carries a maximum sentence of 90 days in jail, a $1,000.00 fine and two years of probation.  And the existence of a "minor DUI" conviction certainly can influence the outcome of future Washingotn DUI or criminal charges.

If charged with Minor DUI, contact one of our Washington DUI lawyers for a free consultation or for additional information.

RCW 46.61.503 - Driver under twenty-one consuming alcohol – Penalties.

     (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.

     (2) It is an affirmative defense to a violation of subsection (1) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of driving or being in physical control and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be in violation of subsection (1) of this section within two hours after driving or being in physical control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the earlier of: (a) Seven days prior to trial; or (b) the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.

     (3) Analyses of blood or breath samples obtained more than two hours after the alleged driving or being in physical control may be used as evidence that within two hours of the alleged driving or being in physical control, a person had an alcohol concentration in violation of subsection (1) of this section.

     (4) A violation of this section is a misdemeanor.

[1998 c 213 § 4; 1998 c 207 § 5; 1998 c 41 § 8; 1995 c 332 § 2; 1994 c 275 § 10. Formerly RCW 46.20.309.]

Notes:

     Reviser's note: This section was amended by 1998 c 41 § 8, 1998 c 207 § 5, and by 1998 c 213 § 4, each without reference to the other. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

     Effective date -- 1998 c 213: See note following RCW 46.20.308.

     Effective date -- 1998 c 207: See note following RCW 46.61.5055.

     Intent -- Construction -- Effective date -- 1998 c 41: See notes following RCW 46.20.265.

     Severability -- Effective dates -- 1995 c 332: See notes following RCW 46.20.308.

     Short title -- Effective date -- 1994 c 275: See notes following RCW 46.04.015.