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Underage DUI

Everett Minor DUI Attorney

Washington law, like the laws of the other forty-nine states, does not allow minors to drink or possess alcohol. The legal drinking age is 21, and anyone under that age is viewed as a “minor” for the purposes of prosecuting the offense of “minor in possession” of alcohol (MIP). The state may also charge a minor under the age of 18 with MIP for possession of illegal drugs. If a defendant in an MIP case was under the age of 18 when the alleged offense occurred, the case goes through the juvenile court system. Alcohol-related MIPs that allegedly occur when the defendant in at least 18, but younger than 21, go through the regular criminal court system.

Minor in Possession in Washington

Washington law defines the offense of a Minor In Possession (MIP) as the possession of alcohol by anyone who is at least 13 years old, up to 20 years old, or the possession of illegal drugs by anyone under the age of 18. An alleged MIP offense involving alcohol rarely results in an arrest or a trip to jail, particularly if the suspect is under 18. Police usually issue a ticket and may call the suspect’s parent or guardian to come pick them up.

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Penalties for Minor in Possession in Washington

If the defendant was under the age of 18, and therefore legally a “juvenile” at the time the alleged offense occurred, the case will go through the juvenile courts. In many cases, particularly those involving a defendant with no prior juvenile convictions, the defendant may be able to go through the diversion program. Rather than being adjudicated in court, the case would then go before a community diversion board. The diversion board would decide on a punishment, which could include a term of confinement, a fine, community service, or chemical dependency evaluation.

For defendants who were at least 18 years old when the alleged offense occurred, an MIP is treated as a gross misdemeanor offense in the regular criminal court system. A gross misdemeanor has a maximum penalty of 364 days in county jail and/or a $5,000 fine, although first offenses for MIP are unlikely to yield such a punishment.

License Revocation for Minor in Possession in Washington

The state may revoke the driver’s license of someone found guilty of MIP, even if the actual offense did not involve driving. Revocation for a first offense lasts until the longer of one year or the defendant’s 17th birthday. For a second offense, the revocation lasts for two years or until the defendant’s 18th birthday. Once an individual turns 21, they may request release of their license revocation. Defendants may apply for early reinstatement of their license, and they may request administrative review of a license revocation decision.
 

If you are facing criminal charges, it is crucial to have effective representation immediately. An alleged DUI charge does not mean Guilty! Even if you think the facts of the case aren’t in your favor, having the best possible criminal representation can be the difference between jail time and probation, or having your record destroyed with an avoidable felony or misdemeanor conviction. At Snohomish Law, our criminal defense attorneys give you time and attention, to ensure you are treated fairly under the criminal justice system.

    Scott was very helpful in my DUI case.
    “He is very knowledgeable in the DUI field and was able to guide me throughout the process. My case did go to trial as the public prosecutor was not giving any good negotiation. Scott analyzed the case and told me to take it to trial.”
    - Former Client
    Scott goes the extra mile when representing his clients.
    “We appreciate his rapid responses to our questions, and the peace of mind knowing we had his experience on our side.”
    - Elizabeth
    His expertise, professionalism, and attention to detail are second to none.
    “Not only did he win my trial, but his knowledge of the details and his negotiation skills were instrumental in achieving a successful outcome. He was able to navigate the complex legal system with ease and always had my best interests in mind.”
    - Former Client
    Brilliant criminal defense lawyer.
    “As an experienced attorney, Scott worked diligently to present the facts of the case and ended up winning the case at trial. We would recommend Scott Lawrence, Attorney at Law, to anyone facing criminal charges.”
    - Former Client
    I highly recommend.
    “I am incredibly grateful to Snohomish Law for their dedication and expertise in resolving my case. They were professional, compassionate, and kept me informed throughout the process.”
    - Justin K.

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