What is the zero tolerance law?
Zero tolerance laws make it an offence for a driver under 21 to drive with any measurable alcohol in their system — typically a blood alcohol concentration of 0.02 per cent or above, and 0.00 in some states. All 50 states have one, because federal highway funding was tied to it.
How it differs from an ordinary DUI
The adult standard is 0.08 per cent, and the case usually involves proof of impairment. A zero-tolerance violation needs neither: the number alone is the offence. In many states it is handled as an administrative licence matter rather than a criminal charge, which makes it faster and easier to prove.
Typical consequences
- Licence suspension, commonly 90 days to a year for a first offence.
- Fines, alcohol education, and community service.
- Insurance consequences that often outlast the suspension.
- Where the reading reaches the adult limit, the full criminal DUI applies on top.
Where the numbers come from
0.02 per cent is low enough to be reached by a single drink for a light person, and it is also the level at which a cough syrup or a mouthwash argument starts to appear in real cases — which is why the type of test and its timing matter more in these cases than in adult ones.
Adjacent rules
Commercial drivers are held to 0.04 per cent nationally. Several states apply enhanced penalties above 0.15 per cent for adults, and many now treat a child passenger in the vehicle as a separate aggravating offence. A conviction as a minor can still appear on driving records used by employers and insurers years later, which is the consequence most families underestimate.
Talk to a DUI & DWI attorney
1,838 attorneys in this directory work in DUI & DWI. Browse them by state and city — profiles carry direct contacts, and nobody pays for a higher position.
Related questions
All legal answers › All legal issues ›
This page explains general rules in the United States and is not legal advice. Deadlines and definitions differ by state, and only a licensed attorney can tell you how the law applies to your own situation.