In Washington, a driver arrested for DUI has seven days to ask for a hearing on the license suspension. For a family dealing with a teenager’s arrest, that window can close before anyone has finished being upset about the night itself.
A DUI arrest starts two separate processes: a criminal case in court and a review of the teen’s driving privileges by the Department of Licensing. They run on different clocks, so it helps to understand both before making decisions.
The first night
Pick your teen up, make sure they’re physically okay and get them home. The real conversation about choices and trust will go better once everyone has slept.
Hold off on questioning them about the details of the stop, the drinking or who else was in the car. Those facts matter to the case, and your teen’s account of the night should go to a defense attorney first.
Gather the paperwork
Collect every document your teen came home with, which may include a citation, a notice about their license, a receipt for breath or blood testing and paperwork about a towed or impounded vehicle. Write down the time and place of the stop, the name of the agency and anything your teen remembers while it’s fresh, and keep it all in one folder.
Call a lawyer about the license hearing
The license side moves fastest, which is why the first call should be to a DUI defense attorney. Clark County’s VanWa Legal takes minor DUI cases and handles the license hearing as part of every DUI defense, and a short consultation in the first day or two can tell parents what to do next.
The Washington State Department of Licensing says a driver must request a hearing within 7 days of the arrest to contest a DUI-related suspension. If no hearing is requested, or the decision goes against the driver, DOL says the suspension runs from 90 days to 2 years depending on prior offenses and the severity of the incident, and it begins 30 days from the date of arrest. For drivers under 21, DOL lists a breath or blood alcohol result of 0.02 or higher among the triggers.
The under-21 limit is much lower
Most adults know the 0.08 number. Under RCW 46.61.503, a driver under 21 commits a misdemeanor by driving or being in physical control of a vehicle with an alcohol concentration of at least 0.02, or any THC concentration above 0.00, within two hours of driving. A teen who tests at or above the adult limits can face the standard DUI charge instead.
That means a teenager can be charged after a small amount of alcohol, or after cannabis use they thought had worn off. A low number isn’t a reason to treat the charge lightly.
Which court hears the case
Parents often assume the case goes to juvenile court, with its focus on rehabilitation, and that assumption can be wrong in two ways.
Drivers who are 18, 19 or 20 are adults in court. The under-21 alcohol rule still applies to them, but their case is handled like any other adult case.
Even 16- and 17-year-olds may end up outside juvenile court. Washington’s juvenile court statute, RCW 13.04.030, makes an exception for traffic offenses committed by juveniles 16 or older that would be heard in a court of limited jurisdiction if an adult committed them. In those cases, the district or municipal court that hears adult traffic cases has jurisdiction. Which court hears a particular case depends on the charge and the teen’s age, so ask the lawyer early.
Be wary of promises
No lawyer can promise a dismissal or a particular outcome, and parents should be cautious about anyone who does. It’s also tempting to let a teen handle the case alone so they “learn a lesson,” but accountability and good legal representation can go together.
Look past the case
A DUI arrest is sometimes a one-time mistake and sometimes a sign of something bigger. If you’re worried about your teen’s drinking or drug use, talk with their doctor or a licensed counselor about an assessment. That conversation is about your child’s health, and it can happen alongside the legal case.
At home, agree on new rules about the car and curfews, write them down and follow through without a lecture every evening. And put the seven-day hearing deadline on the calendar today, counting from the date of the arrest.
This is general information about Washington law. Talk to a lawyer about your teen’s specific case.
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Image credit: Magnific, DC Studio
Article written by: Kevin O’Brien, Attorney at VanWa Legal
