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 Maine, 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, Maine law sets a very low blood alcohol concentration (BAC) threshold for driving under the influence (DUI) charges. Specifically, a minor with a BAC of more than 0.00 but less than 0.08 can be charged with Operating Under the Influence (OUI) under the zero-tolerance law. If a minor's BAC is 0.08 or higher, they can be charged with the standard OUI offense that applies to adults. The consequences of an underage OUI conviction in Maine can include fines, license suspension, and potentially even jail time, depending on the circumstances and whether it's a first or subsequent offense. It's important for minors to understand that even a small amount of alcohol can lead to serious legal repercussions under Maine's strict underage OUI laws.