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Underage DUI in Tacoma
Law enforcement arrests nearly 6,000 minors for DUI every year in Washington State. If you or your child is one of them, things will quickly get serious. A DUI charge at a young age can lead to fines, loss of driver's license, mandatory alcohol education, and even time in juvenile detention. On top of that, it can hurt their chances when it comes to college applications, scholarships, and future job opportunities.
Tacoma Police and the Pierce County Sheriff's Department don't take minor DUI cases lightly. They move fast, and so should you. If your child is caught driving after even just one sip of a drink, they can be charged under Washington State's DUI laws. Then, refusing a breath test alone leads to a one-year license suspension, even if they are not convicted of a DUI.
However, you can fight to protect your child's future. Our Tacoma-based DUI attorneys have over 30 years of combined experience defending against minor DUI charges. We know Washington State law, the Pierce County Juvenile Courts (Remann Hall) system, and the members of Tacoma's legal community. Using our knowledge and resources, we’ll fight for your family. Call us today for a free consultation.
What Are The Penalties For Underage DUI In Washington State?If you're under 21 and stopped for DUI in Tacoma, the law doesn't work in your favor. Washington State has a strict "zero tolerance" rule for underage drinking and driving. Under RCW 46.61.503, minors under 21 with a blood alcohol concentration (BAC) of 0.02 or higher cannot drive. Law enforcement in Pierce County takes these cases seriously, especially near areas like Stadium High School, PLU, or the University of Washington Tacoma, where minor drivers are more common. Due to the strict minor DUI laws, Washington State also has strict penalties, including:
- Driver's License Suspension: Even if your child isn't convicted in court, the Department of Licensing can still suspend their driver's license for at least 90 days. Then an automatic one-year suspension is triggered under Washington's Implied Consent Law (RCW 46.20.308) if they say no to a breath or blood test during the stop.
- Misdemeanor Charges: In Pierce County, a first-time underage DUI is a misdemeanor under RCW 46.61.503.
- Fines And Jail Time: Judges in Pierce County District Court don't go easy on minors, especially if there was speeding, passengers involved, or a crash. The Pierce County judge can impose up to $1,000 in fines and 90 days in jail, even for first-time offenders.
- Alcohol And Drug Treatment: The Pierce County judge may order them to attend an alcohol/drug assessment and complete treatment or classes. Failure to follow these terms will result in more probation time.
Even after you get your license back, your insurance rates will spike, or your provider could cancel your insurance altogether. Further, your insurance company or vehicle lender could require additional coverage because you are now a high-risk driver.
Why You Always Need To Hire An Attorney With A Minor DUI Charge In TacomaA minor DUI may seem like a minor charge, but the impact can be major. You need to hire our Tacoma-based attorneys right away, who will help you:
- Protect Your Child From A Criminal Record: Even a misdemeanor DUI charge can create a permanent criminal record, which can hurt your child's future job opportunities, college applications, and professional licenses.
- Negotiate With Judges: With our experience working with the courts in Tacoma and Pierce County, we know what judges are looking for and how to negotiate better terms or reductions for minors.
- Call Out Improper Procedures: We can check for mistakes in how the police conducted your stop, handled your breath or blood test, or followed procedures. If we find errors, we might be able to drop or reduce the charges.
- Mitigate The Penalties: We know how to help reduce fines, prevent long license suspensions, and keep you from spending unnecessary time in jail. There are diversion programs and other options that can help minimize the impact on your future.
Before you agree to anything or appear in court alone, give us a call. Our Tacoma-based lawyers specializing in minor DUI offer a free case review and are ready to answer your questions, protect your child's rights, and help you fight back.
Can A Minor Be Charged With An Adult DUI In Pierce County?Yes, and it happens more often than you'd think. If you're under 21 and have a BAC of 0.08 or higher, the courts can charge you with a full adult DUI under RCW 46.61.502. An adult DUI is a gross misdemeanor that is punishable by up to 364 days in jail. Your child will also have to pay a $5,000 fine and face a mandatory license suspension starting at 90 days.
We've seen this happen after traffic stops near I-5, JBLM, and South Hill. Prosecutors in Pierce County don't hesitate to file adult DUI charges against teens if there was an accident, a refusal to cooperate, or a high THC blood test. Once filed, these charges are handled just like an adult DUI, resulting in the same penalties, public record, and long-term consequences.
Get Answers To Your Tacoma Minor DUI FAQsOur Tacoma attorneys have been defending minors across Washington State for over 30 years now. We have the legal, knowledgeable, and local experience to answer your most frequently asked questions (FAQs) about minor DUIs in Tacoma:
Q: Will a minor DUI stay on my child's record permanently?
A: Yes, unless you meet specific conditions to seal or expunge the record later. In Washington State, the courts typically charge minor DUIs under RCW 46.61.503, which covers persons under 21. The statute makes it illegal for minors to drive with a BAC of 0.02 or higher, even if it's far below the adult legal limit. The law states:
"It is unlawful for a person under the age of twenty-one to drive... after consuming alcohol, with a blood alcohol concentration of 0.02 or more."
If convicted, this will go on your child's criminal history. The good news is that since it's a misdemeanor, your child may become eligible to have the record sealed once certain conditions, including no new charges, successful completion of probation, and age 18 or older, are met. We've helped families near Point Defiance and North Tacoma get these records sealed once their kids finished probation. However, timing and clean records matter, so don't wait to talk to us about sealing options.
Q: What happens if my child refuses a breath test at the scene?
A: In Washington State, refusing a breath test has serious consequences, especially for drivers under 21. The Implied Consent Law under RCW 46.20.308 kicks in immediately. It says:
"Any person who operates a motor vehicle within this state is deemed to have given consent... to a test or tests of his or her breath for the purpose of determining the alcohol concentration in his or her breath..."
If your child refuses, the Department of Licensing (DOL) will automatically suspend their license for at least a year, even if they'll never receive a court conviction. That suspension can happen before the criminal case even starts. We've represented teens from Stadium District to South Tacoma who had no idea that refusal meant losing their license by default. While we can request a DOL hearing within 7 days, missing that window means an automatic suspension. So the sooner we act, the better.
Q: Can we challenge the breathalyzer results in a minor DUI case?
A: Absolutely. We often challenge breathalyzer results because they are not infallible and are only admissible if the test complies with strict rules under WAC 448-16 and RCW 46.61.506. The statute requires:
"The analysis of a person's breath... shall be based upon measurements made by infrared or other approved breath testing machines... performed by qualified individuals."
That means the device has to be approved, calibrated, and properly maintained. The officer must also follow the correct 15-minute observation period and provide proper instructions. We've had cases dismissed in Pierce County District Court because officers near Tacoma Mall didn't follow correct procedures or the machines had expired certifications. If there's a mistake in the testing process, we'll find and use it to suppress the results.
Q: How can we prove my child wasn't impaired if there was a trace amount of alcohol?
A: Impairment isn't required for a minor DUI as per RCW 46.61.503. Any detectable alcohol, even a 0.02 BAC, which could come from one sip, can lead to a charge. However, that doesn't mean we can't fight it.
We've handled cases for teens pulled over in places like Browns Point or even coming home from events in Tacoma, where the BAC result was barely above the threshold. In these cases, we often bring in toxicologists to explain that a 0.02 BAC is not consistent with impairment. We've used evidence of mouth alcohol contamination (from cold medicine or recent rinsing) to discredit the test entirely in some cases. Our goal is to show that this was not reckless or dangerous behavior and that the test may have picked up trace alcohol without true consumption or impairment. That can make a huge difference in court and with the prosecutor.
Q: Is it better to fight the charge or try to negotiate a plea deal in a minor DUI case?
A: It depends on the details of the case, but we always explore both options aggressively before advising a family. Prosecutors in Pierce County are not quick to drop charges. Still, they will listen if we bring solid legal arguments or mitigation factors like clean school records, no prior contact with law enforcement, and strong community ties.
If we see weaknesses in the stop, the breath test, or how the officer handled the case, we push to get the case dismissed outright. Otherwise, we may negotiate something like a deferred disposition, which allows juveniles to avoid a conviction if they meet court conditions as per RCW 13.40.127. We've used that strategy successfully for families across Washington State. We can explore it for you too.
Every minor DUI case is different, and we're not here to push you toward one route. Our Tacoma-based DUI attorneys have the knowledge, skills, and local relationships to protect your child's record, license, and future. Call us now at our Pierce County law offices to talk about the next steps.
With 30 years of combined experience in Washington State criminal law, our DUI defense team knows exactly how things play out here in Pierce County. We've handled hundreds of cases involving underage drivers picked up near hotspots like Point Defiance Park, Cheney Stadium, Tacoma Mall, or Dune Peninsula. We've seen teens pulled over on South 38th after a night at Galaxy Theatres or leaving concerts at the Tacoma Dome. Washington's DUI laws are strict, especially for drivers under 21. RCW 46.61.503 states that any "person under twenty-one years of age operating a motor vehicle after consuming alcohol" can be charged, even with a blood alcohol concentration of just 0.02%.
Most teens don't realize how fast things can spiral. A drive home from Point Ruston, Blue Mouse Theatre in Proctor, or Browns Point can turn into a criminal case if a Tacoma Police officer sees them swerving or rolling through a stop sign in Hilltop. They may face charges under RCW 46.61.502, which states: "A person is guilty of driving under the influence... if the person drives a vehicle within this state and the person has, within two hours... an alcohol concentration of 0.08 or higher." The law doesn't care if it's your first offense. DUI cases involving teens can trigger license suspension, probation, ignition interlock, or even jail time, especially if the stop happened near schools like Stadium High or Mt. Tahoma.
Because we live here, work here, and have been in these courtrooms for decades, we know how to fight these cases. We've defended clients arrested near Wright Park, Sprinker Recreation Center, the Skateworld rink in Lakewood, and Titlow Beach. We understand how teenage drivers can get caught up leaving events at the Tacoma Art Museum, slipping out of the LeMay Car Museum parking lot, or heading back from a night at Round 1 in South Hill Mall. These cases often turn on traffic stops, breath tests, or police procedures, which we know how to challenge.
Minor DUIs Have Lifelong Consequences In Washington StateA minor DUI can ruin your life. If a judge finds you guilty, you can lose your driver's license, pay large fines, or even go to jail. It can also hurt your future, making it harder to get into college and find a job. Our Tacoma lawyers handle DUI charges. We can fight for less punishment or even dismissal, helping ensure your child will have a better chance of saving their future. Call us for a free consultation.
What Happens When Police Charge A Minor With A DUI In Pierce County?When a minor faces DUI charges in Pierce County, it can be a stressful process. Here's what you can expect to happen:
- Traffic Stop: The process starts when the police pull over a minor for suspected impairment, especially near areas like the Tacoma Dome or I-5.
- Field Sobriety Tests: Officers may ask the minor to perform tests to check for signs of impairment.
- Blood/Breath Test: If arrested, law enforcement will administer a breathalyzer or blood test for alcohol. Refusal leads to a one-year license suspension under RCW 46.20.308.
- Booking And Release: After booking, the minor may be released on bail or held until their court appearance.
- Arraignment: The minor will face charges in court and enter a plea.
- Pretrial And Trial: The defense reviews evidence, and the case may go to trial or settle with a plea deal.
- Sentencing: If convicted, the minor will face sentencing, which can include a license suspension, fines, mandatory alcohol programs, and possible jail time.
The trial for a minor charged with a DUI in Pierce County will take place at either Pierce County District Court (for less serious offenses or if the courts try the case as a misdemeanor) or Pierce County Superior Court (if the case involves more serious charges or aggravating factors). In Tacoma, the Pierce County District Court is in the County-City Building.
Call Our Tacoma Law Firm To Protect Your Child's FutureIf your teen is up against a minor DUI in Tacoma, now's the time to take action. We provide a free, confidential consultation so you can get clear answers and expert guidance from attorneys who know how to handle underage DUI cases across Pierce County. There will be no pressure––just straight talk from a legal team who have spent decades defending minors in the same situation. Call our Tacoma office now to get started.
The Effects Of An Tacoma Minor DUI Can Haunt You For The Rest Of Your LifeYou may think that a Tacoma minor DUI is little more than the result of youthful indiscretion and bad decision making, but the truth is that a conviction could cause irreversible damage to a young person's life. Obtaining a criminal record at a young age can cause all sorts of problems as the years go by, so a minor DUI conviction should be aggressively challenged to avoid this outcome.
The Tacoma minor DUI attorneys at the Law Office of Jason S. Newcombe are ready to help if you or one of your children were charged with this serious crime. We handle all City of Tacoma Municipal Court DUI cases, as well as all Pierce County Driving Under the Influence charges.
What is a minor DUI? If a person under 21 years of age is caught driving with a blood alcohol content of .02 or higher, they may be charged with minor DUI in Washington. A criminal underage DUI charge can also result if any measurable amount of marijuana THC is found in your system following a post-arrest blood draw and subsequent analysis by the Washington State toxicology lab.
If convicted, unlike an "adult DUI", there are no mandatory minimum penalties that will be imposed at sentencing. But a minor drunk driving charge will trigger a driver's license suspension under Washington State's "Implied Consent" laws. And, you only have 20 days from the date of arrest to properly and timely challenge this proposed suspension. Our Pierce County DUI lawyers can help.
Additionally, the acquisition of a criminal record can in and of itself be potentially devastating, not to mention the other discretionary penalties that can include fines and time in jail. When many potential minor DUI clients or their parents first contact our offices, they are surprised to learn the potential seriousness of this crime. Many people are under the misunderstanding that it's nothing more than a serious traffic ticket or non-criminal violation.
Nothing could be further from the truth. Under Washington State law, a "Minor DUI" charge is a serious criminal misdemeanor offense, punishable by up to 90 days in jail and a $1,000 fine. Now, if this is your first criminal offense, no judge is likely to sentence you to 90 days in jail. But, you need to understand that this NOT simply a traffic violation. It's a serious criminal driving offense, and you need to treat it accordingly.
Our Tacoma minor DUI lawyers are sometimes contacted by families with young people that recently plead guilty to this crime. When they are faced with the reality of a conviction, they are left wondering if there is any way to address the situation. Sadly, once a sentence is handed down in a Tacoma minor DUI case, there is little that can be done for years to come. You must wait until the conviction is eligible to be expunged or vacated under Washington State's expungement laws.
Acquiring a criminal record leaves a permanent blemish on a person's reputation, and it is virtually impossible to fully erase. Landlords and employers routinely check applicant's criminal histories, making it hard for individuals with minor DUI convictions to get a head start. If an employer or renter has a choice between an applicant with a clean criminal history and another with a criminal record, who do you think they will choose?
In essence, one drink of alcohol or a moment of poor judgment with weed can derail a young person's life before it even has a chance to get started. Our Tacoma minor DUI attorneys aggressively defend young clients facing these potentially devastating charges, because we are fully aware of the stakes.
Maintain A Promising Future - Get Help From Our Tacoma Minor DUI LawyersIf you or one of your children face a minor DUI charge, contact our Tacoma law office immediately. You ONLY have 20 days after a minor DUI arrest to file for an administrative hearing in order to try and protect your driving privileges. That is less than three weeks to take steps to protect your near future. If you are suspended by the Washington State Department of Licensing, you will be required to carry and maintain an expensive SR-22 policy for three years from the date that you are eligible to have your driving privileges reinstated.
This SR-22 policy requirement is a nightmare for younger drivers, and there is no way around it. It's a high-risk insurance policy and younger drivers already face high premiums due to their age and lack of driving experience. Our Tacoma minor DUI attorneys need adequate time to investigate and prepare your case in order to develop your defense, but we can only work with the time we are given.
Contact our Tacoma law office today for a free consultation concerning your minor DUI case. If you retain one of our Tacoma minor DUI lawyers, you will have more than two decades of collective experience aggressively protecting your legal rights. Over just the last ten years alone, we have successfully resolved hundreds of DUI-related cases for Tacoma, Pierce County, and Puget Sound residents of all ages. So, don't wait until it's too late, get help from legal professionals with the experience required to resolve your case.
If you have been arrested for under age drinking and driving in the City of Tacoma and have been ordered to appear in Tacoma Municipal Court, we can help. And, if you have been arrested anywhere in Pierce County for DUI and have been ordered to appear in Pierce County District Court, we can help.
Call now for a free, no obligation case evaluation. One of our Tacoma DUI lawyers will be more than happy to review the basic facts of your case, explain your legal rights, and then also explain how we can help.
