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Washington State Law regarding Minor in Possession MIP and driving privileges.
What does Washington Law say about an MIP conviction as it relates to my driving privileges?
General Overview
The penalties regarding a mandatory license revocation under Washington's Minor In Possession laws vary depending on whether the alleged underlying offense involves alcohol or drugs. If you are under 18 at the time of your alcohol-related MIP, your license will be revoked for a period of one year upon your first conviction and for two years upon your second conviction. If you are under 21 at the time of your marijuana or drug-related MIP, your license will be revoked for a period of one year upon your first conviction and for two years upon your second conviction.
Alcohol-related Offenses
Washington State's laws regarding the mandatory revocation of your driving privileges for a conviction of Minor In Possession of alcohol are very tough if you are under 18 years of age. Additionally, judges have no discretion in their initial enforcement. If you under 18 at the time of incident involving your alcohol-related minor in possession charge, your license will be revoked for a period of one year. This is true even if the date of the alleged possession falls one day before your eighteenth birthday. If you are convicted of second alcohol-related offense, your license will be revoked for two years.
Marijuana and other Drug Related Offenses
Washington State's laws regarding revocation of your driving privileges for a conviction of Minor in Possession involving marijuana or other drugs is very similar to the law regarding alcohol-related offenses. They are, however, even tougher because they apply until you are 21 years of age. Thus, even if you are only a few days shy of your 21st birthday when the incident occurs, if you are convicted, your license will be revoked for a period of one year. If it is your second conviction, your license will be suspended for a period of two years.
Depending upon whether or not this is your first or your second conviction, however, you may be eligible for early reinstatement. This is true whether or not your first offense involves alcohol or drugs. For more information, please see below.
Finally, regardless of the type of conviction or whether this is your first or second offense, once you reach 21 years of age, the Department of Licensing will release any revocation for a minor in possession conviction.
Minor in Possession of Alcohol Washington
What is minor in possession?
Under Washington State Law, Minor in Possession actually refers to several different scenarios, particularly when it comes to your driving privileges. The Washington State Department of Licensing defines MIP in the following ways:
- When a person age 13–17 signs a diversion agreement or is convicted of possession of alcohol. (Age is determined by the incident date.)
- When a person age 13–20 signs a diversion agreement or is convicted of a drug offense. (Age is determined by incident date.)
- When a person under age 18 pleads guilty or is found guilty of illegal possession of a firearm while in a vehicle.
- When a person under age 18 commits any offense while armed with a firearm in which a motor vehicle served an integral function.
- When a person age 13–17 is convicted of any offense involving a firearm, whether or not it is related to using a motor vehicle.
What happens if I am found guilty of minor in possession?
When a court or other juvenile agency notifies us that you have violated the minor in possession law, the Washington State Department of Licensing will take the following actions:
They will revoke your license to drive.
They will also simultaneously mail you a letter that does the following:
- Explains the revocation, including the basis for it and the duration.
- The letter will also list the options that you have for reinstating your license early.
- The letter will also include a form to appeal the revocation.
What about my driving record?
According the DOL, these convictions and signed diversion agreements do not show up on your driving record. The only thing that shows up is that your license was revoked.
What happens when my driver's license is revoked for minor in possession?
If you have a Washington driver's license when your license is revoked for minor in possession, you cannot drive as long as your license is revoked. You also are forbidden from applying for a driver's license or instruction permit as long as your license is revoked. This means that any Washington license or instruction permit that you currently have is no longer valid. According to the DOL, you must take it to any driver's licensing office or mail it to the following address:
Driver Records
Department of Licensing
P.O. Box 9030
Olympia WA 98507-9030
If you have an out-of-state driver license, while your license is revoked for minor in possession, you may not apply for a Washington State driver's license. You are also suspended here in Washington. This simply means that you may not drive in Washington with a license from another state or province, even if that license is valid in your home state or province. The Washington State Department of Licensing will also notify your home state or province that your license was revoked. As a result of this notification, your home state may take additional license action there.
When will the revocation take effect and for how long will my license be revoked?
Your license will be revoked starting 45 days after the Department of Licensing mails you the notice of revocation.
Type of offense and length of revocation.
If this is your first alcohol-related offense, your license will be revoked for one year or until your 17th birthday, whichever is longer.
If this is your second alcohol-related offense, your license will be revoked for two years or until your 18th birthday, whichever is longer.
The same sanctions apply if your diversion or conviction involves marijuana or drugs. If your case involved marijuana or drugs, however, your license can be revoked for either one or two years up until the time that you turn 21 years of age. Once you are 21, the DOL will release any revocations for minor in possession upon your request.
Is it possible to have my license reinstated early?
Depending on the type of offense, you may be able to reinstate your driver's license before the full term of the revocation is completed. For more information early reinstatement and what is required to do so, please call our offices at (206) 387-8500.
Can I get a restricted license while my license is revoked?
No, you cannot be issued any type of driver's license or instruction permit while your license is revoked for minor in possession.
Can I contest or appeal the revocation?
You cannot request a hearing for this type of license revocation. You can, however, challenge the revocation by requesting that the Washington State Department of Licensing conduct an administrative review.
Only two issues will be considered during the review:
- Whether our records correctly identify you.
- Whether the information we received from the court or juvenile agency accurately describes the action they took.
If you wish to request an administrative review, you must request a review within 15 days of the date on the letter you received from the DOL notifying you of your license revocation.
How can I get my license back?
Once you are eligible to apply for a new license or instruction permit, you must:
- Successfully complete all applicable tests.
- Pay all licensing fees.
- Pay a $75 reissue fee.
The following related law may also be helpful to you.
Minor in possession of alcohol
RCW 66.44.365: Juvenile driving privileges—Alcohol or drug violations
RCW 13.40.265: Firearm, alcohol, and drug violations
Drug offenses
RCW 69.41.065: Violations—Juvenile driving privileges
RCW 69.50.420: Violations—Juvenile driving privileges
RCW 69.52.070: Violations—Juvenile driving privileges
RCW 13.40.265: Firearm, alcohol, and drug violations
Firearms offenses
RCW 9.41.040: Unlawful possession of firearms—Ownership, possession by certain persons—Penalties
RCW 13.40.265: Firearm, alcohol, and drug violations
For additional information on how a Washington State MIP conviction will affect your driving privileges, please go to the Washington State Department of Licensing website.
FOR ADDITIONAL INFORMATION REGARDING WASHINGTON STATE MIP CONVICTIONS AND YOUR DRIVING PRIVILEGES, PLEASE CALL OUR OFFICES FOR A FREE PHONE CONSULTATION.
(206) 387-8500
(425) 455-4646
(263) 852-8989
RCW 66.44.365: Juvenile driving privileges—Alcohol or drug violations
RCW 13.40.265: Firearm, alcohol, and drug violations
Drug offenses
RCW 69.41.065: Violations—Juvenile driving privileges
RCW 69.50.420: Violations—Juvenile driving privileges
RCW 69.52.070: Violations—Juvenile driving privileges
RCW 13.40.265: Firearm, alcohol, and drug violations
Firearms offenses
RCW 9.41.040: Unlawful possession of firearms—Ownership, possession by certain persons—Penalties
RCW 13.40.265: Firearm, alcohol, and drug violations
The following statutes provide additional information regarding Minor in Possession (MIP) and other alcohol-related convictions and the consequences on your driving privileges.
http://www.dol.wa.gov/driverslicense/minor.html
(1) If a juvenile thirteen years of age or older and under the age of eighteen is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.
(2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile whose privilege to drive has been revoked pursuant to RCW 46.20.265, the court may notify the department of licensing that the juvenile's privilege to drive should be reinstated.
(3) If the conviction is for the juvenile's first violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW, a juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the conviction was for the juvenile's second or subsequent violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.
Notes:
Severability -- 1989 c 271: See note following RCW 9.94A.510. Legislative finding -- Severability -- 1988 c 148: See notes following RCW 13.40.265.
[1989 c 271 § 118; 1988 c 148 § 3.]
RCW 66.44.365
Juvenile driving privileges — Alcohol or drug violations.
| Questions About Your MIP? Contact Us. |
What does Washington Law say about an MIP conviction as it relates to my driving privileges?
The penalties regarding a mandatory license revocation under Washington's Minor In Possession laws vary depending on whether the alleged underlying offense involves alcohol or drugs. If you are under 18 at the time of your alcohol-related MIP, your license will be revoked for a period of one year upon your first conviction and for two years upon your second conviction. If you are under 21 at the time of your marijuana or drug-related MIP, your license will be revoked for a period of one year upon your first conviction and for two years upon your second conviction.
Alcohol-related Offenses
Washington State's laws regarding the mandatory revocation of your driving privileges for a conviction of Minor In Possession of alcohol are very tough if you are under 18 years of age. Additionally, judges have no discretion in their initial enforcement. If you under 18 at the time of incident involving your alcohol-related minor in possession charge, your license will be revoked for a period of one year. This is true even if the date of the alleged possession falls one day before your eighteenth birthday. If you are convicted of second alcohol-related offense, your license will be revoked for two years.Marijuana and other Drug Related Offenses
Washington State's laws regarding revocation of your driving privileges for a conviction of Minor in Possession involving marijuana or other drugs is very similar to the law regarding alcohol-related offenses. They are, however, even tougher because they apply until you are 21 years of age. Thus, even if you are only a few days shy of your 21st birthday when the incident occurs, if you are convicted, your license will be revoked for a period of one year. If it is your second conviction, your license will be suspended for a period of two years.Depending upon whether or not this is your first or your second conviction, however, you may be eligible for early reinstatement. This is true whether or not your first offense involves alcohol or drugs. For more information, please see below.
Finally, regardless of the type of conviction or whether this is your first or second offense, once you reach 21 years of age, the Department of Licensing will release any revocation for a minor in possession conviction.
Minor in Possession of Alcohol Washington
What is minor in possession?
Under Washington State Law, Minor in Possession actually refers to several different scenarios, particularly when it comes to your driving privileges. The Washington State Department of Licensing defines MIP in the following ways:
- When a person age 13–17 signs a diversion agreement or is convicted of possession of alcohol. (Age is determined by the incident date.)
- When a person age 13–20 signs a diversion agreement or is convicted of a drug offense. (Age is determined by incident date.)
- When a person under age 18 pleads guilty or is found guilty of illegal possession of a firearm while in a vehicle.
- When a person under age 18 commits any offense while armed with a firearm in which a motor vehicle served an integral function.
- When a person age 13–17 is convicted of any offense involving a firearm, whether or not it is related to using a motor vehicle.
What happens if I am found guilty of minor in possession?
When a court or other juvenile agency notifies us that you have violated the minor in possession law, the Washington State Department of Licensing will take the following actions:
They will revoke your license to drive.
They will also simultaneously mail you a letter that does the following:
- Explains the revocation, including the basis for it and the duration.
- The letter will also list the options that you have for reinstating your license early.
- The letter will also include a form to appeal the revocation.
What about my driving record?
According the DOL, these convictions and signed diversion agreements do not show up on your driving record. The only thing that shows up is that your license was revoked.
What happens when my driver's license is revoked for minor in possession?
If you have a Washington driver's license when your license is revoked for minor in possession, you cannot drive as long as your license is revoked. You also are forbidden from applying for a driver's license or instruction permit as long as your license is revoked. This means that any Washington license or instruction permit that you currently have is no longer valid. According to the DOL, you must take it to any driver's licensing office or mail it to the following address:
Department of Licensing
P.O. Box 9030
Olympia WA 98507-9030
If you have an out-of-state driver license, while your license is revoked for minor in possession, you may not apply for a Washington State driver's license. You are also suspended here in Washington. This simply means that you may not drive in Washington with a license from another state or province, even if that license is valid in your home state or province. The Washington State Department of Licensing will also notify your home state or province that your license was revoked. As a result of this notification, your home state may take additional license action there.
When will the revocation take effect and for how long will my license be revoked?
Your license will be revoked starting 45 days after the Department of Licensing mails you the notice of revocation.
Type of offense and length of revocation.
If this is your first alcohol-related offense, your license will be revoked for one year or until your 17th birthday, whichever is longer.
If this is your second alcohol-related offense, your license will be revoked for two years or until your 18th birthday, whichever is longer.
The same sanctions apply if your diversion or conviction involves marijuana or drugs. If your case involved marijuana or drugs, however, your license can be revoked for either one or two years up until the time that you turn 21 years of age. Once you are 21, the DOL will release any revocations for minor in possession upon your request.
Is it possible to have my license reinstated early?
Depending on the type of offense, you may be able to reinstate your driver's license before the full term of the revocation is completed. For more information early reinstatement and what is required to do so, please call our offices at (206) 387-8500.
Can I get a restricted license while my license is revoked?
No, you cannot be issued any type of driver's license or instruction permit while your license is revoked for minor in possession.
Can I contest or appeal the revocation?
You cannot request a hearing for this type of license revocation. You can, however, challenge the revocation by requesting that the Washington State Department of Licensing conduct an administrative review.
Only two issues will be considered during the review:
- Whether our records correctly identify you.
- Whether the information we received from the court or juvenile agency accurately describes the action they took.
If you wish to request an administrative review, you must request a review within 15 days of the date on the letter you received from the DOL notifying you of your license revocation.
How can I get my license back?
Once you are eligible to apply for a new license or instruction permit, you must:
- Successfully complete all applicable tests.
- Pay all licensing fees.
- Pay a $75 reissue fee.
The following related law may also be helpful to you.
Minor in possession of alcohol
RCW 66.44.365: Juvenile driving privileges—Alcohol or drug violations
RCW 13.40.265: Firearm, alcohol, and drug violations
Drug offenses
RCW 69.41.065: Violations—Juvenile driving privileges
RCW 69.50.420: Violations—Juvenile driving privileges
RCW 69.52.070: Violations—Juvenile driving privileges
RCW 13.40.265: Firearm, alcohol, and drug violations
Firearms offenses
RCW 9.41.040: Unlawful possession of firearms—Ownership, possession by certain persons—Penalties
RCW 13.40.265: Firearm, alcohol, and drug violations
For additional information on how a Washington State MIP conviction will affect your driving privileges, please go to the Washington State Department of Licensing website.
FOR ADDITIONAL INFORMATION REGARDING WASHINGTON STATE MIP CONVICTIONS AND YOUR DRIVING PRIVILEGES, PLEASE CALL OUR OFFICES FOR A FREE PHONE CONSULTATION.
(206) 387-8500
(425) 455-4646
(263) 852-8989
RCW 66.44.365: Juvenile driving privileges—Alcohol or drug violations
RCW 13.40.265: Firearm, alcohol, and drug violations
Drug offenses
RCW 69.41.065: Violations—Juvenile driving privileges
RCW 69.50.420: Violations—Juvenile driving privileges
RCW 69.52.070: Violations—Juvenile driving privileges
RCW 13.40.265: Firearm, alcohol, and drug violations
Firearms offenses
RCW 9.41.040: Unlawful possession of firearms—Ownership, possession by certain persons—Penalties
RCW 13.40.265: Firearm, alcohol, and drug violations
The following statutes provide additional information regarding Minor in Possession (MIP) and other alcohol-related convictions and the consequences on your driving privileges.
http://www.dol.wa.gov/driverslicense/minor.html
(1) If a juvenile thirteen years of age or older and under the age of eighteen is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.
(2) Except as otherwise provided in subsection (3) of this section, upon petition of a juvenile whose privilege to drive has been revoked pursuant to RCW 46.20.265, the court may notify the department of licensing that the juvenile's privilege to drive should be reinstated.
(3) If the conviction is for the juvenile's first violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW, a juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the conviction was for the juvenile's second or subsequent violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.
Notes:
| Severability -- 1989 c 271: See note following RCW 9.94A.510. Legislative finding -- Severability -- 1988 c 148: See notes following RCW 13.40.265. |
[1989 c 271 § 118; 1988 c 148 § 3.]
RCW 66.44.365Juvenile driving privileges — Alcohol or drug violations. |