Zero Tolerance Laws

To further reduce the temptation for drivers under the age of 21 to drink and drive, most states have instituted lower blood-alcohol content (BAC) limits for these young drivers than are in place for adult drivers. Called ‘zero tolerance laws,’ these laws are designed to more severely penalize those drivers under 21 years of age for this serious infraction as an example to others and to make a legal point that underage drinking and driving is unacceptable behavior.

For many drivers under 21, their state’s zero tolerance laws require that any positive alcohol test reading (which actually registers at .02 percent BAC or above) found during a screening through a breath test, urine or blood tests will result in conviction of a DUI (driving under the influence) or DWI (driving while intoxicated) even if the driver does not reach the alcohol infraction level for adult drivers.

Even in states without zero tolerance laws, underage drivers who have consumed alcohol face much stricter repercussions than adults. If convicted, the driver may face revocation or suspension of their driver’s license. If the situation was serious enough, the driver could be tried as an adult.

Refusing to comply with standardized field sobriety tests or cooperate with chemical testing holds the same results as for adult drivers: your driver’s license will be suspended immediately for up to a year – more in some states – and within ten days you must arrange an administrative hearing with the Department of Motor Vehicles (DMV) for a hearing to request that your license reinstated. If convicted of a DUI, underage drivers may be fined, be given jail time, lose their license until they are 18 or longer, and could lose the use of the vehicle for up to six months, which would also incur storage charges. They could be directed to community service or have mandatory enrollment in a driver education course. Being enrolled in an alcohol or drug rehabilitation program is also a court-mandated option. These punishments vary depending on the percentage the driver’s BAC was over the legal limit and other mitigating factors in the arrest. The courts have complete jurisdiction over the penalties.