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 Michigan, the state enforces a zero-tolerance policy for drivers under the age of 21 regarding alcohol consumption and driving. Under Michigan law, if a minor is found driving with a Blood Alcohol Concentration (BAC) of 0.02 or more but less than 0.08, they can be charged with a zero-tolerance offense, which is a civil infraction. However, if the minor's BAC is 0.08 or higher, or if they are visibly impaired by alcohol or drugs, they can be charged with Operating While Intoxicated (OWI), which is a more serious criminal offense. The penalties for underage DUI/DWI can include fines, community service, driver's license suspension, and participation in alcohol education programs. It's important to note that these penalties can be more severe if the minor has previous offenses or if the incident involved injury, death, or property damage.