**Laws change frequently, and each individual's situation is unique. Therefore, the following article is not intended as legal advice. To obtain particularized, up-to-date legal advice, please contact us.**

We handle a large number of cases involving individuals charged with controlled substance offenses.  For persons under 21, these charges often come with the added threat of the loss of your driving privileges.  The penalties for some common charges faced by minors are set forth below.

Minor in Possession of Alcohol

A common misconception is that you must be in actual possession of alcohol in order to be convicted of MIP.  That is not true.  You can be convicted of MIP in two ways: if you are under 21 and (1) in actual possession of alcohol, or (2) exhibiting the effects of alcohol in a public place.  MIP is a criminal offense - you face jail time and substantial fines if convicted.  In addition, if you are under 18, you face a 90-day suspension of your driving privileges for your first MIP offense, and a one-year suspension for a subsequent offense.  See RCW 66.44.270; RCW 46.20.265; RCW 13.40.265.

Minor Driving After Consuming Alcohol

A driver under the age of 21 with a breath-alcohol level greater than .02 but less than .08 is subject to criminal penalties including jail time and substantial fines, as well as revocation of his driver's license.  If your breath alcohol level is greater than .08. you will be charged with DUI.  Thus, anyone under the age of 21 is faced with the prospect of license revocation if he drives following the consumption of even one or two beers, even though he is not convicted of or even charged with DUI.  This offense is not the same as DUI - it is a misdemeanor as opposed to a gross misdemeanor - but it is still a criminal conviction with severe consequences.  For a first offense, a 90-day license suspension is mandatory.  For a subsequent offense, the license suspension will last for one year or until the driver turns 21, whichever is longer.  See RCW 46.61.503; RCW 46.20.308; RCW 46.20.3101.

Minor Possessing Marijuana or Drug Paraphernalia

Possession of marijuana is a crime regardless of your age.  But for individuals under the age of 21, a conviction for possession of marijuana or use of drug paraphernalia also results in a 90-day driver's license suspension.  The suspension applies regardless of whether you were in a vehicle at the time of the offense.  In addition, a first offense results in a mandatory minimum of one day in jail.  See RCW 46.20.265; RCW 69.50.420; RCW 69.50.425; RCW 69.50.412.