Minor DUI Explained:
Persons caught driving who are under 21 years of age and have either a .02 BAC or more or any measurable amount of THC (marijuana) in their system may be charged with the offense of Minor DUI (Driver Under 21 Consuming Alcohol or Marijuana). A Minor DUI is a misdemeanor as opposed to its big brother offense of DUI as a gross misdemeanor. There are no mandatory sanctions (license or jail) and it does not count as a prior offense under RCW 46.61.5055 for sentencing purposes. Here is the applicable statute:
(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 or marijuana 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; and
(b) Has, within two hours after operating or being in physical control of the motor vehicle, either:
(i) 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; or
(ii) A THC concentration above 0.00 but less than the concentration specified in RCW 46.61.502, as shown by analysis of the person's 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 or marijuana 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 or THC 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 or THC concentration in violation of subsection (1) of this section.
(4) A violation of this section is a misdemeanor.
If you have been arrested for Minor DUI, call me at the Webb Law Firm for a free consultation. (425) 522-4200