Protecting the futures of young people facing underage DUI charges in Washington State.
Free Case EvaluationThe charge of Minor DUI in Washington State for Operating a Motor Vehicle over .02 is often misunderstood. This offense differs from a standard DUI. When a minor is truly impaired, they face standard DUI charges. If a minor has consumed alcohol but is not intoxicated and has a blood alcohol level exceeding .02, they are charged with Minor Operating a Motor Vehicle Over .02.
This Is Not the Same as a Standard DUI
Minor Operating a Motor Vehicle Over .02 — also known as "Minor DUI," "Minor Op," or informally "Baby DUI" — is a misdemeanor offense with maximum penalties of 90 days in custody and a $1,000 fine. A conviction requires driver's license suspension and SR-22 "high-risk" insurance.
Charges typically originate from traffic stops for moving violations such as speeding or failure to signal. When officers have reasonable cause to believe a minor consumed alcohol, they may request a breath sample. Refusing this sample results in a one-year license suspension.
The breath test is administered on a BAC instrument at the police station. Portable breath tests from police vehicles are inadmissible in court due to scientific unreliability concerns.
| Detail | Information |
|---|---|
| Classification | Misdemeanor |
| Maximum jail | 90 days |
| Maximum fine | $1,000 |
| License consequence | Suspension required upon conviction |
| Insurance requirement | SR-22 "high-risk" insurance required |
Convicted individuals typically receive an alcohol/drug evaluation requirement, one-year probation, and assessment for chemical dependency.
Cases proceed through District Court. Only minors aged 15 and younger proceed through juvenile court.
Criminal defense in Minor DUI cases typically focuses on challenging:
Strict procedural rules govern breath test admission in court proceedings. An experienced attorney can evaluate whether these rules were properly followed in your case.
The Law Office of Erin Bradley McAleer will fight to ensure that you achieve the best possible outcome in your court case. Call today at (360) 334-6277 to schedule a confidential consultation.
Don’t face legal challenges alone. Our experienced attorneys are ready to fight for you.