Baby DUI refers to the criminal charge of Driver Under Twenty-one Consuming Alcohol or Marijuana. This is a different charge from an adult DUI and the consequences can be different, too. Those facing a Baby DUI still have to fight two separate cases: a court case and a Department of Licensing (DOL) case.
Law enforcement will charge you with Baby DUI if they believe you are:
- Driving in the State of Washington,
- Under 21 years of age, and
- Operating a motor vehicle within a breath and/or blood alcohol content (BAC) between .02 and .079 or with a blood draw showing a Marijuana (THC) concentration above 0.00.
Adult DUI charges are different in a couple ways. First, they have higher legal limits. Also, adult DUI has an “affected by” prong. This means if your ability to drive is affected by alcohol or drug consumption, then you can be convicted of an adult DUI even if you’re below the legal limit or if there is no test. Baby DUI doesn’t have this “affected by” prong.
The consequences of a court conviction for Baby DUI are different than an adult DUI, too. A conviction for Baby DUI carries possible jail time and fines. Adult DUI sentencing statutes require judges to order jail time and fines. Most judges will order an alcohol/drug evaluation and follow up treatment for both types of charges. Baby DUI convictions do not have mandatory loss of license or Ignition Interlock Device (IID). Keep in mind, someone accused of Baby DUI can still lose their license through the separate DOL case. For adult DUI convictions there are mandatory license suspensions, IID, evaluations and treatment.
Baby DUI and adult DUI are both serious criminal charges that can impact your life long after the case resolves. A conviction can impede your travel and may keep you from getting your dream job. An experienced DUI attorney can investigate your charge and guide you through these complicated laws. Cooney Law Offices. We can help!