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Minor DUI

What is typically called "Minor DUI" in Washington State is more appropriately called “Minor Driving after Consumption” as this crime is not technically DUI, and the penalties are much less severe.
RCW 46.61.503 criminalizes a minor operating a motor vehicle (or being in physical control of one) by a person under the age of twenty-one (21) while having within 2 hours of driving (or physical control) a blood alcohol concentration (BAC level) above a .02. This “per se” legal limit is one-quarter of the limit for adults and normal DUI charges.
Whereas a normal DUI charge is a gross misdemeanor with mandatory fines of at least $865.50 and a day in jail, “Minor DUI” is a simple misdemeanor. This means that Minor DUI is punishable by a maximum of 90 days in jail and a $1000 fine, and there are no mandatory minimum fines or jail times.
Additionally, conviction for Minor DUI is not considered a prior for DUI sentencing enhancement purposes, as far as mandatory minimum sentences are concerned.
Also different than the normal DUI statute is that a conviction for Minor DUI does require the court to suspend the Minor’s driver’s license.
However, even if a court does not suspend the Minor’s license, the Washington State Department of Licensing will attempt to suspend the Minor’s license administratively. However, the driver has the ability to contest the license suspension, but must notify the DOL of the request for a hearing on approved forms within 20 days of the arrest.
Defenses to a Minor DUI charge include consuming alcohol after driving or being in physical control, lack of required warnings given prior to administration of the breath test, denial of right counsel, faulty breath tests, among many others.
Ashbach Law Offices, LLC is experienced in successfully representing clients charged with Minor DUI, keeping criminal records clean, saving drivers’ licenses, and achieving other positive results for clients.
If you, or someone you care about, has been charged (or may be) with a Minor DUI crime or is facing license suspension, call Ashbach Law Offices, LLC today for a free, no-pressure case evaluation.
Ashbach Law Offices, LLC handles cases up and down the I-5 Corridor, from King County, Snohomish County, Skagit County, and Whatcom County.
Ashbach Law Offices, LLC represents clients charged with criminal offenses in Northwest Washington Courts, including King County, Skagit County, Snohomish County and Whatcom County, as well as other counties on a case-by-case basis. These counties include courts in and for the following cities: Anacortes, Arlington, Auburn, Bellevue, Blaine, Bothell, Burlington, Edmonds, Everett, Issaquah, Kirkland, Lake Stevens, Lynden, Lynnwood, Marysville, Mill Creek, Mukilteo, Monroe, Mountlake Terrace, Monroe, Redmond, Sea-Tac, Seattle, Sedro Woolley, Shoreline, Snohomish, and Tukwila, Washington.
The Ashbach Law Offices, LLC represents clients charged focused on DUI – Driving Under the Influence, Reckless Driving, Negligent Driving, Driving with a Suspended License, Hit and Run, Assault, Domestic Violence, Drug Possession (including marijuana), and Paraphernalia Possession, Malicious Mischief, Public Disturbances like Disorderly Conduct, Theft, No-Contact Orders, Harassment, Probation Violation Hearings, as well as speeding tickets.