By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed November 14, 2023
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Drugged and drunk driving is a significant problem in the United States. It's also a dangerous issue for underage drivers. While adults are more likely to drive drunk, underage persons are more likely to have alcohol-related car accidents.
In fact, the National Highway Traffic Safety Administration (NHTSA) reports that auto accidents are the leading cause of death for U.S. teenagers. In over one-third of these accidents, alcohol is a factor.
To combat the problem, states have enacted strict underage drinking laws. These laws include setting more stringent underage blood alcohol content (BAC) limits and criminal penalties for driving under the influence of alcohol (DUI). The following table details the underage DUI and DWI laws for each state.
The chart below is a state-specific guide to underage DUI laws. While drivers under the age of 21 with a BAC of 0.08% or higher typically face the same DUI penalties as adult drivers, states also have specific laws for underage drivers with lower levels of alcohol in their system.
| State | Per Se BAC Limit | Relevant Statute |
Penalties for First-Offense Underage DUI Under 0.08% BAC |
|---|---|---|---|
Alabama |
0.02% | Alabama Code § 32-5A-191: "A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is 0.02 percent [0.02%] or more by weight of alcohol in his or her blood." |
30-day license suspension Possible license revocation Possible required participation in a DUI or substance abuse program |
Alaska |
0.00% | Alaska Statutes § 28.35.280: "A person who is at least 14 years of age but not yet 21 years of age commits the offense of minor operating a vehicle after consuming alcohol if the person operates or drives a motor vehicle or operates an aircraft or a watercraft after having consumed any quantity of alcohol." |
$500 fine 30-day driver's license suspension 20-40 hours of community service |
Arizona |
0.00% | Arizona Revised Statutes § 4-244(34): "It is unlawful ... for a person under twenty-one years of age to drive or be in physical control of a motor vehicle while there is any spirituous liquor in the person's body." |
Driver's license suspended for two years Two years of mandatory ignition interlock device installation Community service hours Drug and alcohol counseling Potential sentence of up to one year in jail or five years of probation |
Arkansas |
0.02% | Arkansas Code § 5-65-303: "A person commits the offense of driving or boating under the influence while underage if he or she is underage and operates or is in actual physical control of a motorboat on the waters of this state or a motor vehicle while: (1) Under the influence of an alcoholic beverage or similar intoxicant; or (2) At that time there was an alcohol concentration of two hundredths [0.02%] but less than eight-hundredths [0.08%] in his or her breath, blood, urine, or saliva as determined by a chemical test." |
Driver's license suspension for 90 days Substance abuse education and treatment Attend victim impact panel Public service work |
California |
0.01% | California Vehicle Code § 23136: "... it is unlawful for a person under the age of 21 years who has a blood-alcohol concentration of 0.01 percent [0.01%] or greater, as measured by a preliminary alcohol screening test or other chemical test, to drive a vehicle." |
Driver's license suspension for one year $250 fine |
Colorado |
0.02% | Colorado Revised Statutes § 42-4-1301(d): "It is a class A traffic infraction for any person under twenty-one years of age to drive a motor vehicle or vehicle when the person's BAC, as shown by analysis of the person's breath, is at least 0.02 but not more than 0.05 at the time of driving or within two hours after driving." Note: A BAC between 0.05 and 0.08 for any driver gives rise to the inference that the driver is impaired. |
Three-month license suspension Substance abuse education and treatment 24 hours of community service Fines |
Connecticut |
0.02% | Connecticut General Statutes § 14-227g: "No person who is less than twenty-one years of age shall operate a motor vehicle while the ratio of alcohol in the blood of such person is two-hundredths of one percent [0.02%] or more of alcohol, by weight." |
Fines between $500 and $1,000 Up to six months in jail with two days mandatory 45-day license suspension Ignition interlock device for up to one year |
Delaware |
0.02% | Delaware Code § 4177L(b): "Evidence that there was at the time of the test an alcohol concentration of .02 or more in that person's blood or breath is per se evidence that the person had consumed alcoholic liquor." |
Two-month license suspension One year of probation Substance abuse classes $200 in fines |
District of Columbia |
0.00% | District of Columbia Code § 50-2206.01: "Any measurable amount of alcohol in the person's blood, urine, or breath if the person is under 21 years of age." |
$300 fine 90-day driver's license suspension |
Florida |
0.02% | Florida Statutes § 322.2616: "[I]t is unlawful for a person under the age of 21 who has a blood-alcohol or breath-alcohol level of 0.02 or higher to drive or be in actual physical control of a motor vehicle." |
Six-month driver's license suspension If BAC is 0.05% or higher, suspension stays in place until completion of a substance abuse course |
Georgia |
0.02% | Georgia Code § 40-6-391(k): "A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 0.02 grams or more at any time within three hours after such driving or being in physical control from alcohol consumed before such driving or being in actual" physical control ended. |
Completion of an alcohol risk reduction program A fine of up to $1,000 Up to 12 months in prison or probation Minimum of 20 hours of community service |
Hawaii |
0.02% | Hawaii Revised Statutes § 291E-64: "It shall be unlawful for any person under the age of twenty-one years to operate any vehicle with a measurable amount of alcohol." |
$500 fine 36 hours of community service Attend alcohol abuse education and counseling program with guardians 180-day license suspension |
Idaho |
0.02% | Idaho Statutes § 18-8004: "It is unlawful for any person under the age of twenty-one (21) years who has an alcohol concentration of at least 0.02 but less than 0.08 ... to drive or be in actual physical control of a motor vehicle within this state." |
Fines of up to $1,000 License suspension for one year Participate in an alcohol evaluation |
Illinois |
0.00% | Illinois Statutes, Chapter 625 § 5/11-501.8(c): "A person [under 21 years of age and with] an alcohol concentration of more than 0.00, may [lose their] privilege to operate a motor vehicle." Note: Illinois law exempts situations where the presence of alcohol is from participation in a religious service or the ingestion of medication. |
Driver's license suspension for six months Must attend driver education and retest for driver's license after suspension |
Indiana |
0.02% | Indiana Code § 9-30-5-8.5: "A person who: (1) is less than twenty-one (21) years of age; and (2) operates a vehicle with an alcohol concentration equivalent to at least two-hundredths (0.02) [BAC] but less than eight-hundredths (0.08) [BAC] ... commits a Class C infraction." |
One-year driver's license suspension Fine of up to $500 |
Iowa |
0.02% | Iowa Code § 321J.2A: "A person who is under the age of twenty-one shall not operate a motor vehicle while having an alcohol concentration ... of .02 or more." |
60-day driver's license suspension Completion of substance abuse course |
Kansas |
0.02% | Kansas Statutes § 8-1567a: "It shall be unlawful for any person less than 21 years of age to operate or attempt to operate a vehicle in this state with a breath or blood alcohol content of .02 or greater." |
30-day driver's license suspension, followed by restricted privileges for 330 days with an ignition interlock device |
Kentucky |
0.02% | Kentucky Revised Statutes § 189A.010: "A person shall not operate or be in physical control of a motor vehicle anywhere in this state ... [h]aving an alcohol concentration of 0.02 or more as measured ... within two (2) hours cessation of operation or physical control of a motor vehicle, if the person is under the age of twenty-one (21). |
Driver's license suspension for 30-180 days Fines of up to $500 or 20 hours of community service |
Louisiana |
0.02% | Louisiana Revised Statutes, Title 14, § 98.6: "The crime of underage operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when the operator's blood alcohol concentration is 0.02 percent or more ... if the operator is under the age of twenty-one." |
Fines of up to $250 and up to three months in prison; or probation, 32 hours of community service, and completion of substance abuse and driver education programming |
Maine |
0.00% | Maine Revised Statutes § 2472: "A license of a person who has not yet attained 21 years of age includes the condition that the person not operate a motor vehicle with an alcohol level of more than 0.00 grams per 100 milliliters of blood or 210 liters of breath." |
One-year driver's license suspension |
Maryland |
0.00% | Maryland Transportation Code § 16-113: "[T]he Administration shall impose on each licensee under the age of 21 years an alcohol restriction that prohibits the licensee from driving or attempting to drive a motor vehicle while having alcohol in the licensee's blood." |
$500 fine Restricted driver's license Ignition interlock device for up to three years |
Massachusetts |
0.02% | Massachusetts General Laws, Chapter 90, § 24P: "[A] person under the age of 21, after having been arrested for or charged [with] a blood alcohol percentage of two one-hundredths [0.02] or greater ... shall have his license or permit to operate a motor vehicle suspended." |
Fines, probation, and one-year driver's license suspension; or 210-day suspension with participation in the Youth Alcohol Program |
Michigan |
0.00% | Michigan Compiled Laws, Chapter 257, § 257.625: "A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any bodily alcohol content ... An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood ... Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor." |
$250 fine Up to 360 hours of community service 30-day driver's license suspension |
Minnesota |
0.00% | Minnesota Statutes, Chapter 60 § 169A.33: "It is a crime for a person under the age of 21 years to drive, operate, or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while there is physical evidence of the consumption present in the person's body." |
30-day driver's license suspension $1,000 fine Up to 90 days in jail possible Probation |
Mississippi |
0.02% | Mississippi Code, Title 63 § 63-11-30: "It is unlawful for a person to drive or otherwise operate a vehicle within this state if the person ... [h]as an alcohol concentration [of] Two one-hundredths percent (.02%) or more for a person who is below the legal age to purchase alcoholic beverages under state law." |
$250 fine Participation in an alcohol safety education program Driver's license suspension for up to 90 days Attend victim impact panel |
Missouri |
0.02% | Missouri Revised Statutes, Title XIX, § 302.505: "The department shall suspend or revoke the license of any person ... where such person was less than twenty-one years of age when stopped and was stopped upon probable cause to believe such person was driving while intoxicated ... with a blood alcohol content of two-hundredths of one percent or more by weight [0.02]." |
90-day driver's license suspension $1,000 fine Possible jail sentence |
Montana |
0.02% | Montana Motor Vehicle § 61-8-410: "It is unlawful for a person under the age of 21 who has an alcohol concentration of 0.02 or more to drive or be in actual physical control of a vehicle upon ways of this state open to the public." |
90-day driver's license suspension Up to $500 Completion of chemical dependency education course |
Nebraska |
0.02% | Nebraska Revised Statutes § 60-6,211.01: "It shall be unlawful for any person under twenty-one years of age to operate or be in the actual physical control of any motor vehicle: (1) When such person has a concentration of two-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood ... or (2) When such person has a concentration of two-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath." |
Under 18: 30-day driver's license suspension Attend alcohol education classes 18 and older: Up to three months in jail $500 fine |
Nevada |
0.02% | Nevada Revised Statutes, Title 43, § 483.461: "If the result of a test ... shows that a person less than 21 years of age had a concentration of alcohol of 0.02 or more but less than 0.08 in his or her blood or breath at the time of the test, the person's license, permit or privilege to drive must be suspended." |
90-day driver's license suspension Attend driver improvement courses Must undergo a substance abuse evaluation Community service hours |
New Hampshire |
0.02% | New Hampshire Statutes § 265-A:2: "No person shall drive or attempt to drive a vehicle upon any way or operate or attempt to operate ... [w]hile such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of 21, 0.02 or more." |
Minimum of one year driver's license suspension $500 fine Complete substance abuse screening and evaluation Attend impaired driver education program |
New Jersey |
0.01% | New Jersey Statutes, Title 39 § 4-50.14: "Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than ... 0.08% ... shall forfeit his right to operate a motor vehicle over the highways of this State or shall be prohibited from obtaining a license to operate a motor vehicle in this State." |
License suspension for up to 90 days Probationary license for one year after suspension period Up to 30 days of community service Participate in an alcohol and traffic safety education program |
New Mexico |
0.02% | New Mexico Statutes § 66-8-111: "The department, upon receipt of a statement signed under penalty of perjury from a law enforcement officer stating the officer's reasonable grounds to believe the arrested person had been driving a motor vehicle within this state while under the influence of intoxicating liquor and that the person submitted to chemical testing [which] indicated an alcohol concentration in the person's blood or breath of ... two one-hundredths or more [0.02] if the person is less than twenty-one years of age, shall revoke the person's license or permit to drive." |
One-year driver's license revocation Up to 15 days in detention Community service hours Fines Over-18 drivers may get jail time |
New York |
0.02% | New York Vehicle & Traffic Law § 1192-a: "No person under the age of twenty-one shall operate a motor vehicle after having consumed alcohol ... a person under the age of twenty-one is deemed to have consumed alcohol only if such person has .02 of one per centum or more but not more than .07 of one per centum by weight of alcohol in the person's blood." |
Six-month driver's license suspension $125 civil penalty May apply for conditional license with enrollment in Impaired Driver Program (IDP) |
North Carolina |
0.00% | North Carolina General Statutes § 20-138.3: "It is unlawful for a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or controlled substance previously consumed." |
One-year driver's license suspension $1,000 fine 30 days' community punishment/probation |
North Dakota |
0.02% | North Dakota Century Code § 39-20-03.1: "[A] person under twenty-one years of age [with] an alcohol concentration of at least two one-hundredths of one percent [0.02] by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle." |
91-day driver's license suspension $250 fine |
Ohio |
0.02% | Ohio Title XLV, § 4511.19: "No person under twenty-one years of age shall operate any vehicle, streetcar, or trackless trolley within this state, if, at the time of the operation ... [t]he person has a concentration of at least two-hundredths of one percent [0.02] but less than eight-hundredths of one percent [0.08] by weight per unit volume of alcohol in the person's whole blood." |
90-day driver's license suspension $250 fine Possible 30 days in jail |
Oklahoma |
0.00% | Oklahoma Statutes § 47-11-906.4: "It is unlawful, and punishable ... for any person under twenty-one (21) years of age to drive, operate, or be in actual physical control of a motor vehicle within this state who ... [h]as any measurable quantity of alcohol in the person's blood or breath at the time of a test administered within two (2) hours after an arrest of the person." |
Six-month driver's license suspension $500 fine Community service hours |
Oregon |
0.00% | Oregon Revised Statutes § 813.300: "... for a person who is under 21 years of age, any amount of alcohol in the blood constitutes being under the influence of intoxicating liquor." |
90-day driver's license suspension $1,000 fine 48 hours' jail time or 80 hours of community service May participate in the DUII diversion program |
Pennsylvania |
0.02% | Pennsylvania Statutes § 3802(e): "A minor may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the minor's blood or breath is 0.02% or higher within two hours after the minor has driven, operated or been in actual physical control of the movement of the vehicle." |
Under 0.02%: $100 fine Three-month driver's license suspension 0.02% or more: 48 hours' jail time Up to $5,000 fine Participate in alcohol safety school Undergo alcohol treatment |
Rhode Island |
0.02% | Rhode Island General Laws § 31-27-2.7: "A person under the age of twenty-one (21) but at least eighteen (18) years of age ... shall be determined to have been driving while impaired if [a] test determines the person's blood alcohol concentration to be at least two-hundredths of one percent (.02%) but less than eight one-hundredths of one percent (.08%) by weight." |
$250 fine 30 hours of community restitution Three-month driver's license suspension Intoxicated driving course Substance abuse treatment |
South Carolina |
0.02% | South Carolina Code of Laws § 56-1-286: "The Department of Motor Vehicles shall suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a license or permit to a person under the age of twenty-one who drives a motor vehicle and has an alcohol concentration of two one-hundredths of one percent [0.02] or more." |
Three- to six-month driver's license suspension |
South Dakota |
0.02% | South Dakota Codified Laws § 32-23-21: "It is a Class 2 misdemeanor for any person under the age of twenty-one years to drive, operate, or be in actual physical control of any vehicle ... [i]f there is physical evidence of 0.02 percent or more by weight of alcohol in the person's blood as shown by chemical analysis of the person's breath, blood, or other bodily substance." |
$500 fine 30-day driver's license suspension Possible 30 days in jail |
Tennessee |
0.02% | Tennessee Code § 55-10-415: "A person sixteen (16) years of age or older but under twenty-one (21) years of age may not drive or be in physical control of an automobile or other motor driven vehicle while ... [t]he alcohol concentration in the person's blood is more than two-hundredths of one percent (0.02%)." |
One-year driver's license suspension $250 fine Community service hours |
Texas |
0.00% | Texas Alcoholic Beverage Code § 106.041 "A minor commits an offense if the minor operates a motor vehicle in a public place, or a watercraft, while having any detectable amount of alcohol in the minor's system." |
$500 fine 60-day driver's license suspension 20 to 40 hours of community service Participate in alcohol awareness classes |
Utah |
0.00% | Utah Public Safety Code § 53-3-231 " A person younger than 21 years of age may not operate or be in actual physical control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol concentration in the person's body as shown by a chemical test." |
Minimum 6-month driver's license suspension Three years of ignition interlock device required Substance abuse assessment and treatment, as recommended |
Vermont |
0.02% | Vermont Statutes, Title 23, § 1216: "A person under the age of 21 who operates, attempts to operate, or is in actual physical control of a vehicle on a highway when the person's alcohol concentration is 0.02 or more, commits a civil traffic violation." |
Six-month license suspension Participation in the Alcohol and Driving Program Possible use of an ignition interlock device with restricted driving privileges |
Virginia |
0.02% | Virginia Code § 18.2-266.1: "It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume ... but less than 0.08 by weight by volume ... shall be in violation of this section." |
One-year driver's license forfeiture $500 fine 50 hours of community service Attend Alcohol Safety Action Program Possible use of an ignition interlock device with restricted driving privileges |
Washington |
0.02% | Washington Revised Code § 46.61.503: "[A] person is guilty of driving or being in physical control of a motor vehicle after consuming alcohol or marijuana if the person operates or is in physical control of a motor vehicle within this state and the person: (a) Is under the age of twenty-one; and (b) Has, within two hours after operating or being in physical control of the motor vehicle ...[a]n alcohol concentration of at least 0.02 but less than [0.08] ... A THC concentration above 0.00 ... ." |
90-day driver's license suspension $1,000 fine |
West Virginia |
0.02% | West Virginia Code § 17C-5-2(j): "Any person under the age of 21 years who drives a vehicle in this state while he or she has an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, for a first offense under this subsection is guilty of a misdemeanor." |
$100 fine 60-day driver's license suspension |
Wisconsin |
0.00% | Wisconsin Statutes § 346.63(2m): "If a person has not attained the legal drinking age ... the person may not drive or operate a motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.08." |
Three-month driver's license suspension $200 fine |
Wyoming |
0.02% | Wyoming Statutes § 31-5-234: "A person younger than twenty-one (21) years of age shall not operate or be in actual physical control of a vehicle in this state with an alcohol concentration of two one-hundredths of one percent (0.02%) or more nor operate or be in actual physical control of a vehicle in this state with an alcohol concentration of two one-hundredths of one percent (0.02%) or more as measured within two (2) hours after the time of driving or being in actual physical control following a lawful arrest resulting from a valid traffic stop." |
90-day driver's license suspension $750 fine Complete a substance abuse assessment and treatment |
Note: State laws are always subject to change, usually through the enactment of new legislation but also through court decisions and other means. Contact an attorney or conduct your own legal research to verify the state laws you are researching.
All states have enacted zero tolerance laws for underage DUIs. Zero tolerance means that anyone under 21 will face arrest if caught driving with any detectable amount of alcohol or drugs in their system. Each state has its own per se legal limit for minors. A per se limit is the blood alcohol content (BAC) level that triggers a DUI arrest.
This per se limit for underage drivers varies by state but is between 0.0% and 0.02%. It only takes a small amount of alcohol to reach a 0.02% BAC. The average teenager can be over this amount with one alcoholic drink.
When an officer asks you to submit to chemical tests, there is an expectation that you comply. State laws have enacted implied consent laws as part of your driving privileges. When you earn a driver's license, you agree to obey the law. Cooperating with chemical tests is part of this agreement.
You may decline chemical tests. You are within your right to say no. Yet there are penalties. Usually, the officer will suspend your driver's license at the time of your refusal. You may receive a fine. The department of motor vehicles (DMV) can require you to attend alcohol education classes before you can get your privileges back. Plus, refusing chemical tests will not prevent your arrest. Law enforcement can use your refusal in court.
Law enforcement charges DUIs based on your blood alcohol level. When you're stopped on suspicion of DUI, or if you are in an accident in which alcohol use was involved, a police officer will ask you to submit to field sobriety tests and chemical tests. While field sobriety tests can show impairment, a chemical test will determine your BAC and whether you may have taken other intoxicants. Chemical tests can consist of a Breathalyzer or breath test, a blood test, or urine analysis.
If your BAC registers below 0.07%, you face an underage DUI. If you are under the age of 18, these charges will go through your state's juvenile or family court. However, a BAC of 0.08% or more (or 0.05% in Utah) will earn you an adult-level DUI case. These are typically misdemeanor charges, unless your BAC is very high, or you have caused serious property damage, injuries, or death.
A DUI conviction comes with stiff penalties. Even as a minor, you may have to pay a lot in fines and court costs. You will lose your driver's license for a while. If your BAC is very high, you may lose your license until you reach 21.
In addition, you will likely need to attend substance abuse education classes.
Many states do allow minors to apply for a restricted license so they may drive to school and other limited places. You will likely have to install an ignition interlock device (IID) for this license. An IID is linked to your vehicle's ignition. You must breathe into the device before you can start your car. If it detects any alcohol, it will not allow the engine to engage.
Depending on your state, if you're under 21 and driving with any level of alcohol in your system, you could find yourself with a DUI charge. A lawyer who specializes in DUI law can explain how your state's law might impact you. They can also represent you in court. Contact a DUI defense attorney today.
Contact a qualified DUI attorney to make sure your rights are protected.
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