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 Mississippi (MS), the state enforces a zero-tolerance policy for underage drinking and driving. This means that for drivers under the age of 21, any detectable blood alcohol concentration (BAC) can result in a DUI (Driving Under the Influence) charge. Specifically, Mississippi law sets the BAC limit at .02 for drivers under the legal drinking age of 21. If an underage driver is found to have a BAC of .02 or more, they can be charged with DUI. For those with a BAC of .08 or higher, which is the standard per se intoxication level for adults, the charges can be more severe, and the minor may face the same penalties as an adult would for a DUI offense. The penalties for underage DUI/DWI in Mississippi can include fines, license suspension, and possible jail time, among other consequences. It's important to note that these laws and penalties are subject to change, and an attorney can provide the most current legal advice regarding underage DUI/DWI offenses in Mississippi.