Most states have a zero-tolerance (or near zero-tolerance) blood alcohol concentration (BAC) level of .02 for drivers under the legal drinking age (usually 21) that will result in a DUI/DWI charge. Some states set the BAC level at which a minor may be charged with DUI/DWI at .05. And some states will charge a minor driving a vehicle with a BAC of less than the state’s per se intoxication level (usually .08) with violating a zero-tolerance law such as driving while ability impaired (DWAI)—but will charge a minor with a BAC of .08 or more with per se (pronounced purr-say) DUI/DWI based on the state’s BAC-level definition of intoxication—or, in the absence of a chemical test of blood, breath, or urine, will charge the minor with common law DUI/DWI based on the police officer’s belief the minor was driving while intoxicated.

DUI/DWI criminal offenses, punishments, and terms used for underage DUI/DWI vary from state to state. These laws are generally located in a state’s statutes—often in the penal code or criminal code.

In Alabama, the state adheres to a zero-tolerance policy for underage drinking and driving. The legal drinking age is 21, and for drivers under this age, the state enforces a strict Blood Alcohol Concentration (BAC) limit of 0.02%. If an underage driver is found operating a vehicle with a BAC of 0.02% or higher, they can be charged with DUI (Driving Under the Influence). For those with a BAC of 0.08% or higher, regardless of age, the charge is a standard DUI, as this is the BAC level at which an individual is considered per se intoxicated in Alabama. The specific laws governing DUI/DWI offenses, including those for minors, are codified in Alabama's Code of Alabama 1975, under Title 32, Motor Vehicles and Traffic, Chapter 5A - Alabama Driving Under the Influence (DUI) Laws. Penalties for underage DUI/DWI can include fines, license suspension, and mandatory attendance in a substance abuse program, among others. An attorney can provide more detailed information about the potential consequences of an underage DUI/DWI charge in Alabama.