Minor DUI Laws for those Under 21

Under Washington State DUI law, it is a crime for a person under the age of 21 to drive or to be in physical control of a vehicle after consuming alcohol if he or she has an alcohol concentration of at least 0.02. This is a strict standard, and it does not require proof that the minor was drunk, just that the minor drove after consuming alcohol to a level of .02 or higher. The vast majority of individuals, including adults, will reach an alcohol concentration of 0.02 after drinking one 12-ounce beer or a single glass of wine. Thus, a very small quantity of alcohol will place a minor, who elects to drive after consuming alcohol, at risk of a "Minor DUI" prosecution, an arrest, handcuffs, a breath test, and of course–jail too.

The maximum penalty for this offense is 90 days in jail and a $1,000 fine. In addition, a minor may be placed on probation for up to two years and may be required to obtain an alcohol assessment, attend educational courses or alcohol and drug counseling, attend a DUI victim's panel, perform community service, and submit to random urine and breath tests.

It is important to note that any minor arrested for driving after consuming alcohol will also face an automatic 90-day license suspension by the Department of Licensing, regardless of the outcome of the criminal case. The license suspension is separate and apart from the criminal penalties. The license suspension will begin 60 days from the date of the arrest unless the minor requests a hearing before the Department of Licensing to contest the pending license suspension. This request must be postmarked within 20 days from the date of the arrest.

If the driver's license is suspended by the Department of Licensing, the minor will have to obtain high-risk insurance (also referred to as SR–22 insurance) for three years following the suspension period. For a minor, the cost of this insurance can be prohibitive.

Further, if the minor's breath test results are .08 or higher, he or she will be prosecuted for DUI under Washington State DUI law, the same as an adult and subject to the same penalties. The minor's case will proceed through adult court the same as would be the case with an adult charged with a Seattle or Washington State DUI.