Underage DUI
Underage DUI Attorney in Spokane
Over 40 Years of Criminal Defense. National College for DUI Defense Members.
An underage DUI charge sets two legal processes in motion at once: a criminal case and a separate administrative license suspension proceeding through the Washington Department of Licensing. Both run on their own timelines, and missing a deadline on either track can close off options that would otherwise remain open. At Maxey Law Office, we’ve handled criminal defense matters in Spokane for over 40 years and hold membership in the National College for DUI Defense. Families dealing with this situation get the individualized attention and clear communication the stakes demand.
We serve clients throughout Spokane, Eastern Washington, and North Idaho, and we’re available to meet wherever is most convenient, including at home when circumstances call for it.
If your child or a young adult in your family has been charged with underage DUI in Spokane, don’t wait. Call us at (509) 652-3330 to schedule a free initial consultation before any deadlines pass.
Washington’s Zero-Tolerance Law for Drivers Under 21
Washington’s minor DUI statute, RCW 46.61.503, sets a blood alcohol threshold of 0.02% for drivers under 21, well below the adult standard of 0.08%. Any BAC at or above that level, measured within two hours of driving, is sufficient for charges. Zero-tolerance also applies to cannabis: a THC concentration above 0.00 in a blood sample within two hours of driving can support a minor DUI charge. A young person doesn’t have to appear or act impaired for charges to be filed.
Minor DUI is classified as a misdemeanor under Washington law, distinct from adult DUI, which is a gross misdemeanor carrying mandatory minimums. One practical difference: a prior minor DUI conviction doesn’t count as a prior offense for penalty enhancements in a later adult DUI case under RCW 46.61.5055. Understanding exactly what your family is facing requires reading the statute in the context of the full case, which is where we start.
Why Spokane Families Choose Maxey Law Office
Founded in 1980 by Carl Maxey, a decorated trial lawyer and civil rights advocate, Maxey Law Office has built more than four decades of criminal defense experience in Eastern Washington and North Idaho. That history isn’t just a timeline. It reflects a consistent commitment to treating every client’s case seriously, regardless of size or complexity. We’ve handled serious felonies alongside misdemeanor matters, and we bring the same preparation to both.
Our membership in the National College for DUI Defense reflects a focused investment in this area of law. With multiple attorneys on staff, cases don’t fall through the cracks or get handed off based on who has bandwidth. When you reach out, we return calls and emails promptly. Families dealing with a juvenile DUI charge are already under pressure. We work to make the legal process as clear and manageable as possible from the first conversation forward.
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Consequences of an Underage DUI Conviction in Spokane
A minor DUI conviction in Washington carries penalties of up to 90 days in jail and a fine of up to $1,000. Unlike adult DUI, there are no mandatory minimums for jail time, fines, or ignition interlock. Courts frequently order community service, alcohol education classes, or an alcohol evaluation and treatment program as alternatives to incarceration, particularly for first-time offenders.
The Administrative License Suspension
The administrative side can be just as consequential. A minor DUI arrest, not a conviction, triggers a mandatory license suspension through the Washington Department of Licensing under the state’s implied consent law. That suspension runs a minimum of 90 days and can extend to two years depending on prior history and whether the driver refused a breath or blood test. Drivers have 20 days from the date of arrest to request a DOL hearing to contest the suspension. Missing that window typically means automatic suspension regardless of how the criminal case resolves.
Criminal Court vs. Juvenile Court
Where the case is heard depends on age. Defendants under 18 at the time of the offense are generally processed through Spokane County Juvenile Court. Those aged 18 to 20 face charges in adult court. That distinction matters for long-term record consequences: juvenile court records may be eligible for sealing if specific criteria under Washington law are met. A minor DUI conviction entered in adult court cannot be vacated or expunged under current Washington law.
Collateral Consequences
Beyond the courtroom, the collateral consequences deserve attention:
- College admissions: Many schools review criminal records as part of applications, and a conviction can affect admission decisions
- Financial aid and scholarships: Certain convictions can affect eligibility for federal financial aid and private scholarships
- Professional licensing: Fields including healthcare, law, education, and finance conduct background checks that a conviction can complicate
- Employment: Background checks for entry-level and competitive positions routinely flag criminal records
How We Defend Underage DUI Cases in Spokane
Underage DUI cases offer meaningful lines of defense. We examine whether the traffic stop was lawful, whether field sobriety tests were properly administered, whether breath or blood testing equipment was correctly calibrated and maintained, and whether the arrest was supported by adequate probable cause. Washington law also provides an affirmative defense if the evidence shows the defendant consumed alcohol after driving but within the two-hour testing window.
For eligible defendants, particularly first-time offenders, diversion programs, deferred prosecution, or alternative sentencing may be available. Spokane courts handling juvenile and young-adult cases often favor rehabilitative outcomes over punitive ones. We handle the criminal case and the DOL administrative hearing together, so both tracks are covered from the start. Because the two proceedings run on separate timelines, retaining counsel as early as possible after arrest preserves the most options on both fronts.
Speak With a Juvenile DUI Attorney in Spokane. Free Consultation.
The 20-day DOL hearing deadline arrives quickly after an arrest, and the criminal case moves on its own schedule. Delay rarely helps and frequently costs real options. Maxey Law Office offers a free initial consultation so your family can understand what you’re facing and what options may be available before anything is foreclosed.
Call Maxey Law Office at (509) 652-3330 or reach us through our online contact form to schedule your free consultation with an underage DUI lawyer in Spokane today.
