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 Florida, 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, Florida law sets the blood alcohol concentration (BAC) limit at .02 for the purposes of DUI (driving under the influence) charges. If an underage driver is found to have a BAC of .02 or higher, they can be charged with a DUI offense. This is significantly lower than the standard BAC limit of .08 for drivers of legal drinking age. The state's zero-tolerance law is designed to discourage underage drinking and driving and to penalize those who engage in this dangerous behavior. Penalties for underage DUI in Florida can include fines, community service, license suspension, and mandatory attendance in DUI educational programs. The specific charges and penalties can vary depending on the circumstances of the offense and the individual's driving record.