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Minor Driving After Consumption

Driver Under 21 Consuming Alcohol

Minor DUI -  A person may be charged with a Minor DUI (also known as Minor Driving After Consumption) under RCW 46.61.503 if within two hours of driving a motor vehicle he or she:

  • drives or is in physical control of a motor vehicle in Washington State; and
  • is under age 21; and
  • has BAC between .02 and .08 as shown by a breath or blood test; or
  • has THC concentration between .00 and 5.00 as shown by a blood test.

Note: if there is sufficient evidence to prove that the minor defendant has committed a DUI or Physical Control, the minor will likely be charged with DUI or Physical Control, rather than Minor Driving After Consumption, especially if there are aggravating factors.

Classification: Simple misdemeanor. If convicted of a minor DUI, the penalty involves a maximum 90 days in jail; $1,000 fine; (no mandatory minimum) and a 90 day license suspension; I year if test refused (eligible for restricted license after 30 days; 90 days if test refused) If this is a second administrative action taken against a minor, license suspension of 1 year or 2 years (depending upon if test was refused) or until age 21, whichever is longer. RCW 46.61.503.

Aggravating Factors. While prosecutors may make an attractive offer as an incentive to plead guilty, there are aggravating factors that may result in a prosecutor seeking significant penalties.  Examples of aggravating factors include:

  1. Whether the defendant was responsible for injury to another person or another's property;
  2. Abusive or very uncooperative defendant.
  3. BAC at .08 or above
  4. If there were other people in the vehicle

Mitigating Factors: In some situations, prosecutors may be open to negotiating a plea to a lesser charge or lesser penalties if mitigating factors are present.  Examples of mitigating factors include:

  1. No prior criminal history
  2. Very cooperative attitude.
  3. Susceptibility of evidence to suppression motions.

Pewitt Law Can Help with Your Charge. If you are being investigated or have been charged with a crime, Pewitt Law is here to represent your interests. As a seasoned criminal lawyer, Ms. Pewitt considers the whole picture, including what may happen after your case is over. She realizes this charge could impact your entire future and she will make your case a priority as she fights for the best possible result.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.