Baby DUI refers to the criminal charge of Driver Under Twenty-one Consuming Alcohol or Cannabis. The elements of a Baby DUI are different from an adult DUI and consequences can be, too. A Baby DUI charge still triggers both a court case and a Department of Licensing (DOL) case.
In order to be charged with a Baby DUI the driver must be:
- In the State of Washington,
- Under 21 years of age, and
- Operating a motor vehicle with 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 has higher legal limits and also has an “affected by” prong. This means if your ability to drive has been 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 conviction for Baby DUI are different than an adult DUI, too. A conviction for Baby DUI carries possible jail time, fines and probation. Most judges will order an alcohol/drug evaluation and follow up treatment, too. Baby DUI convictions do not have mandatory loss of license or Ignition Interlock Device (IID). However, these drivers are still at risk of losing their license, IID and needing SR-22 through the separate DOL case. For adult DUI convictions there are mandatory jail, fines, license suspensions, IID, evaluations and treatment.
Baby DUI and adult DUI are 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. Fighting for you!