How Are Under 21 DUIs Handled in Washington?

In Washington, the legal drinking age is 21, and the state takes a strict approach to underage drinking and driving. If you’re under 21 and arrested for driving under the influence (DUI), you face serious consequences. This article will explain how underage DUIs are handled in Washington, including the legal definition, consequences, defenses, and steps you should take if you’re wrongfully charged with a DUI in Tacoma.

What is a DUI in Washington?

In Washington State, DUI stands for “Driving Under the Influence,” and it refers to operating a vehicle while impaired by alcohol or drugs. The state has strict laws about drunk driving to keep roads safe for everyone. While adult drivers (21 and older) face DUI charges if their blood alcohol content (BAC) reaches or exceeds 0.08%, underage drivers (those under 21) are subject to different rules.

For underage drivers, Washington has a “zero tolerance” policy, meaning that even a small amount of alcohol in the system—anything above 0.02%—can result in a DUI charge. This is significantly lower than the BAC threshold for adults, and it means that underage drivers can be arrested for driving with any detectable alcohol in their system.

Legal Definition of Underage DUI

Washington’s “zero tolerance” policy is designed to prevent underage drinking and driving. The law states that if you are under 21, it is illegal to drive with a BAC of 0.02% or more. This is far below the 0.08% BAC limit for adults. Additionally, you can be charged with a DUI even if you’re not technically “drunk” but have consumed any amount of alcohol.

Differences Between Underage and Adult DUI Charges

While both underage and adult DUIs involve driving while impaired, the key difference is in the BAC limits. For adults, a BAC of 0.08% or higher is needed to face DUI charges. But for drivers under 21, a BAC of just 0.02%—even from a small drink—can result in legal consequences.

Another significant difference is that the penalties for underage DUI offenses can be more severe in some cases. The state takes a strict stance on underage drinking and driving, with the intent to deter young drivers from alcohol use.

Consequences of an Underage DUI in Washington

If you’re arrested for an underage DUI in Washington, you could face a combination of administrative and criminal penalties. Here’s what to expect:

Immediate Consequences

License Suspension or Revocation: One of the immediate consequences of an underage DUI is the suspension of your driver’s license. The Department of Licensing (DOL) will typically suspend your license for at least 90 days. The length of suspension can vary based on whether it’s your first offense or a repeat offense.
Administrative Penalties: In addition to the suspension, you may be required to attend a DUI hearing with the DOL. Failure to attend could result in longer license suspension.

Criminal Penalties

Misdemeanor Charges: For first-time offenders, an underage DUI is usually charged as a misdemeanor. However, repeat offenses or other aggravating factors (like causing an accident or having a BAC well above the legal limit) could elevate the charge.
Fines and Jail Time: A conviction could lead to fines, and in some cases, jail time—typically up to one year for a misdemeanor charge.

Other Legal Penalties

Alcohol Education: If convicted, you may be required to complete an alcohol education program, which could include attending classes or counseling.
Community Service: You might be ordered to complete a set number of community service hours as part of your sentence.

How Underage DUIs Differ from Adult DUIs

While both underage and adult DUIs can result in significant penalties, the process for underage drivers is often stricter. For example:

Zero Tolerance: The primary difference is the BAC limit. Underage drivers face DUI charges for any detectable amount of alcohol, whereas adults can have up to 0.08% BAC before being charged.
License Suspension: Underage DUI arrests typically result in a mandatory license suspension by the DOL, which is often immediate. Adults may face a similar suspension, but the process can be different.
Criminal Record: A conviction for an underage DUI can result in a criminal record, which can impact future employment, college admissions, and other aspects of life.

Defenses to Underage DUI Charges in Washington

If you’ve been charged with an underage DUI in Washington, there are several defenses your lawyer may use to challenge the charges:

Challenging the Evidence: One common defense is challenging the evidence against you. If the field sobriety tests were improperly administered or if there are issues with the accuracy of the BAC test, your attorney may be able to argue that the DUI charge should be dismissed.
Lack of Probable Cause: If the police did not have a valid reason to stop you in the first place, your lawyer may argue that the DUI arrest was unlawful and that any evidence obtained should be excluded.
Involuntary Intoxication: In rare cases, your attorney might argue that you were unaware you had consumed alcohol (e.g., someone else spiked your drink), which could be a valid defense.

How to Handle an Underage DUI Charge

If you’re arrested for an underage DUI in Washington, it’s important to take the following steps:

Stay Calm: During the arrest, remain polite and avoid making any statements that could be used against you later.
Consult an Attorney: Hire an experienced DUI attorney to represent you. They can help navigate the legal process, challenge evidence, and work towards reducing penalties.
Prepare for the Court Process: Your attorney will guide you through the court hearings, potential plea deals, and what to expect during sentencing.

Can an Underage DUI Affect Your Future?

Yes, an underage DUI conviction can have long-lasting effects:

Criminal Record: A conviction will likely result in a criminal record, which can affect future job opportunities, college admissions, and other important aspects of your life.
Insurance Rates: Your car insurance rates may increase significantly after a DUI conviction.
Expungement: In some cases, you may be able to expunge or seal your criminal record after a certain period, depending on the details of your case and whether you have complied with all legal requirements.

FAQs

What happens if my BAC is under 0.02% but I’m under 21?

Even if your BAC is lower than 0.02%, you can still be arrested for DUI. Washington’s zero-tolerance law means that any measurable alcohol in the system can result in a DUI charge.

Can I get a DUI if I’m under 21 and have been drinking a small amount?

Yes. In Washington, even a small amount of alcohol can lead to an underage DUI charge. This is because the law prohibits underage drivers from having any detectable alcohol in their system.

How long will my license be suspended for an underage DUI?

For a first offense, your license may be suspended for at least 90 days. Repeat offenses could result in longer suspension periods or even revocation of your license.

Is there any way to reduce the penalties for an underage DUI in Washington?

Yes. It may be possible to reduce penalties through plea bargains, mitigation strategies, or showing that you have taken steps to address the issue, such as attending alcohol education classes.

Will my insurance rates go up after an underage DUI?

Yes, your insurance rates will likely increase after a DUI conviction, as insurance companies view drivers with DUIs as higher-risk clients.

Conclusion

An underage DUI in Washington is a serious offense with potentially long-lasting consequences. From license suspension to criminal penalties and a permanent criminal record, the penalties can significantly impact your future.

If you or someone you know is facing an underage DUI charge, it is crucial to seek legal advice to ensure you understand your rights and options. Taking swift action and hiring an experienced attorney can help navigate the legal process and potentially reduce the consequences of the charge.