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 Arkansas, the state enforces a strict zero-tolerance policy for underage drinking and driving. The legal drinking age is 21, and for drivers under this age, any detectable blood alcohol concentration (BAC) can result in a DUI (Driving Under the Influence) charge. Specifically, Arkansas law sets the BAC limit at .02 for drivers under 21. If an underage driver is found operating a vehicle with a BAC of .02 or more but less than .08, they can be charged with an underage DUI. However, if the BAC is .08 or higher, the charge escalates to the standard DUI offense, which applies to all drivers regardless of age. The consequences for underage DUI/DWI can include fines, license suspension, and possibly jail time, depending on the circumstances and any prior offenses. It's important to note that even without a chemical test, a minor can still be charged with DUI/DWI based on an officer's assessment of their impairment. The specific statutes detailing these offenses and penalties can be found in Arkansas's criminal code.