What is the zero tolerance law?

Where the laws come from

The legal drinking age everywhere in the United States is 21. In 1995 Congress tied part of each state's federal highway funding to adopting a zero tolerance limit of 0.02 percent or less for drivers under 21, and by 1998 every state had done so. The logic is simple: if a person under 21 cannot legally drink, there is no reason for them to drive with alcohol in their system at all.

How it differs from an ordinary DUI

The adult standard is 0.08 percent in every state except Utah, where it is 0.05, and a DUI case can also be proved through evidence of impairment. A zero-tolerance violation needs neither a high number nor impairment: a reading at or above the threshold is the offense. In many states it is handled as an administrative license matter or a civil infraction rather than a criminal charge, which makes it faster and easier to prove — and makes people underestimate it.

Typical consequences

• License suspension, commonly 90 days to a year for a first offense and longer for a second.
• Fines, alcohol education or treatment programs, and community service.
• Insurance increases that often last three to five years, longer than the suspension itself.
• Graduated-license consequences for provisional drivers, such as restarting the probationary period.
• Full DUI charges on top where the reading reaches 0.08 or the driver was visibly impaired.

Refusing the test is treated as seriously as for adults: implied consent laws apply, and a refusal usually brings a longer suspension than a low reading.

Where the numbers come from

A reading of 0.02 percent can be reached with a single drink for a lighter person. It is also the range where cough syrup, mouthwash, some medications and certain medical conditions can affect breath results, which is why the type of test, the 15- to 20-minute observation period before a breath test, and the machine's calibration records matter more in these cases than in adult ones.

Other laws that often come along

• Minor in possession or minor in consumption charges, which can apply even when the young person was not driving.
• Open container violations for alcohol in the passenger area.
• Use-and-lose laws in some states, which suspend a minor's license for any alcohol offense, not just driving ones.
• Social host liability for adults who provided alcohol to the minor, both civil and, in many states, criminal.

Adjacent rules for adults

Commercial drivers are held to 0.04 percent nationally, and commercial license holders lose their CDL for a year on a first DUI even in a personal vehicle. Many states apply enhanced penalties above 0.15 percent for adults, and many treat a child passenger in the vehicle as a separate aggravating offense.

Long-term effects

A zero-tolerance violation can appear on the driving record used by employers, insurers and colleges, and can affect jobs that require driving, military enlistment and some scholarships. Because the violation is often not a criminal conviction, it may not be expungeable in the usual way — and it may still count as a prior offense if the driver is later arrested for DUI as an adult. This is the consequence most families underestimate.

What families should do

Note the date of the incident and any deadline on the suspension notice; administrative hearing requests are often due within 10 to 30 days. Get the test results and the police report. Many courts and DMVs offer first-offender programs, restricted licenses for school or work, or diversion that keeps the violation off the record, but eligibility usually depends on acting quickly. A traffic or DUI lawyer who handles juvenile cases can explain the options in your state.

Passengers and parties

Zero tolerance applies to the driver only. An underage passenger who has been drinking is not violating a zero tolerance law, though they may face a minor-in-possession or open-container charge. Parents should also know that in many states a car registered to them can be impounded after a young driver's alcohol offense, and that insurance policies may exclude or surcharge the young driver for years.