{"id":286742,"date":"2016-04-04T10:45:12","date_gmt":"2016-04-04T15:45:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/laws-resources\/underage-dui-zero-tolerance-laws.html"},"modified":"2026-05-12T11:22:18","modified_gmt":"2026-05-12T16:22:18","slug":"underage-dui-zero-tolerance-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/laws-resources\/underage-dui-zero-tolerance-laws.html","title":{"rendered":"Underage DUI: Zero Tolerance Laws"},"content":{"rendered":"\n
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Underage DUI: Zero Tolerance Laws<\/h1>\n\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Drinking under the influence (DUI) of alcohol is always illegal. But if you\u2019re under 21 years old, stricter state laws will apply to your DUI case<\/span>. These \u201czero-tolerance laws<\/span>\u201d lower the blood alcohol concentration<\/span> (BAC<\/span>) limit for underage drivers<\/span>. A lower limit means even a small amount of alcohol<\/span> in your body while driving can result in a DUI conviction<\/span> and criminal penalties.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Driving a motor vehicle<\/span> anywhere in the country is dangerous and illegal when you are under the influence of drugs or alcohol. This is certainly just as true \u2014 if not more so \u2014 if you are under the legal drinking age.<\/p>\n

All states have enacted underage DUI<\/span> laws<\/span> called zero tolerance laws<\/span>. These statutes make it a crime for anyone under the age of 21<\/span> to drive while intoxicated.<\/p>\n

Young drivers<\/span> have a lot on the line. The penalties of a DUI can impact your future in many ways. If you or your child faces juvenile or underage <\/span>DUI<\/span> charges<\/span>, get advice from a DUI defense lawyer<\/a> early in the case. A lawyer can guide you through the process and build a strategy for the best possible outcome.<\/p>\n

Underage Alcohol Crimes<\/h2>\n

People who are under the legal drinking age can face a variety of criminal charges involving alcohol<\/a>. You could face multiple criminal charges at the same time, depending on the circumstances.<\/p>\n

It is already illegal for people under 21 years of age<\/span> to buy and possess alcohol in\u00a0all 50 states plus the District of Columbia<\/a>. Underage drivers<\/span> are also subject to open container laws<\/a> like other drivers. But the additional zero tolerance laws<\/span> aim to combat the genuine dangers of underage drinking<\/span>.<\/p>\n

What Are Zero Tolerance Laws<\/span>?<\/h2>\n

Zero tolerance laws<\/span> make it a criminal\u00a0DUI offense<\/span><\/a>\u00a0for drivers under 21 to operate a vehicle with even a small amount of alcohol<\/span> in their system. This limit ranges from 0.00% to 0.02% blood alcohol concentration<\/span> (BAC<\/span>), depending on the state.<\/p>\n

You can see FindLaw\u2019s list of all state underage DUI<\/span> laws<\/span><\/a> to find your state\u2019s limit and penalties.<\/p>\n

A BAC<\/span> of 0.02% is possible with only one alcoholic beverage<\/span>. One drink could be enough to lead a young driver<\/span> to an underage <\/span>DUI<\/span> charge<\/span>. Because it takes time for the body to process alcohol, traces of a drink<\/a> can stay in your system for a long time. You may need to wait longer than you\u2019d think between drinking and driving because of zero-tolerance laws<\/span>.<\/p>\n

Beyond the risks to health and safety posed by underage drinking<\/span> and driving, DUI offenses<\/span> can have\u00a0long-ranging implications<\/a>\u00a0that reach far into a young driver<\/span>\u2019s future. An early drunk driving<\/span> conviction can affect\u00a0many things, including\u00a0car insurance coverage<\/a>. You may also have to disclose criminal convictions, including a DUI, on college applications.<\/p>\n

Are Zero Tolerance Laws<\/span> Effective?<\/h2>\n

There is evidence to support the idea that zero tolerance policies<\/span> have improved safety on the road. While adults drive while intoxicated more often than teenagers, young people<\/span> are more likely to have car accidents<\/span> after drinking<\/a>.<\/p>\n

Motor vehicle<\/span> crashes are the nation\u2019s leading cause of death for 15- to 20-year-olds. According to the National Highway Traffic Safety Administration,\u00a0many of these fatalities are alcohol-related<\/span><\/a>. The alcohol involvement rate for young drivers<\/span> is roughly twice that of over-21 drivers, according to the NHTSA. At the same time,\u00a0underage drinking<\/span><\/a>\u00a0at even low levels presents a greater risk of fatal crashes.<\/p>\n

The\u00a0National Highway Systems Designation Act of 1995<\/a>\u00a0mandated that states consider a 0.02% BAC<\/span> or lower for under-21 drivers to be charged with driving under the influence<\/span>. States must follow that mandate to qualify for\u00a0Federal-Aid Highway Program<\/a>\u00a0funds. To comply, all states have to set 0.02% or lower legal blood alcohol content<\/span>. This legal limit<\/span> for underage drivers<\/span> is known as a\u00a0per se<\/span> offense<\/a>. That means police don\u2019t have to prove intoxication if the driver is above the state\u2019s legal limit<\/span>.<\/p>\n

A 1995 study found that the first states to set a 0% BAC<\/span> limit for certain young drivers<\/span>\u00a0saw a 22% decline<\/a>\u00a0in fatal single-car nighttime crashes. States with a 0.02% limit saw a 17% reduction. And a 1999 study linked zero tolerance laws<\/span> to a 24% drop in the share of crashes linked to underage drinking<\/span>.<\/p>\n

Getting Arrested for Underage <\/span>DUI<\/span> Offenses<\/span><\/h2>\n

At a traffic stop<\/span>, law enforcement<\/span> will check teenagers and young adults for any signs of impairment<\/span>. Even a subtle sign of alcohol use, such as smelling alcohol, could prompt an officer to investigate possible impaired driving<\/span>.<\/p>\n

When law enforcement<\/span> suspects you are driving under the influence<\/span>, they will ask you to submit to chemical and field sobriety tests. Chemical tests<\/span> may include a\u00a0Breathalyzer<\/span> or breath test<\/span><\/a>\u00a0to determine your BAC<\/span> level. Law enforcement<\/span> may also ask for urine and blood tests<\/span>, which can confirm a breath BAC<\/span> test and look for drugs.<\/p>\n

Under state law, police officers expect you to cooperate with chemical tests<\/span>. All states have enacted\u00a0implied consent<\/span> laws<\/a>, which state that anyone with a driver\u2019s license has indicated their consent to these tests.<\/p>\n

You\u00a0may refuse the tests<\/a>, but there are immediate consequences. Usually, you face suspension of driving privileges<\/span>, a fine, or possible arrest. You can still receive a DUI charge<\/span> as well.<\/p>\n

An underage driver<\/span> may be arrested for impaired driving<\/span> and taken into police custody<\/a> for a short time, usually overnight. If the driver is a minor<\/a>, the police will also notify their parents or guardians.<\/p>\n

Following the arrest, the driver must attend an arraignment hearing<\/a> and submit their plea to the court. Since this process happens quickly and the plea can greatly affect the outcome, it\u2019s a good idea to get legal representation very soon after the arrest.<\/p>\n

Underage <\/span>DUI<\/span> Charges<\/span><\/h2>\n

If you\u2019re underage, law enforcement<\/span> will charge you with a misdemeanor if your BAC<\/span> exceeds your state\u2019s legal limit<\/span> for young drivers<\/span>, even if it\u2019s under 0.08%. Within this BAC<\/span> range, while still a criminal offense<\/span>, your case will go to your state\u2019s juvenile or family courts.<\/p>\n

You will likely face an adult <\/span>DUI<\/span> charge<\/span><\/a> if you are underage and register a BAC<\/span> of 0.08% or higher.<\/p>\n

Consequences of an Underage <\/span>DUI<\/span> Conviction<\/span><\/h2>\n

For a first-offense<\/span> DUI conviction<\/span>, you will likely face penalties such as:<\/p>\n