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 North Carolina, the state enforces a zero-tolerance policy for drivers under the age of 21 when it comes to drinking and driving. This means that any driver under the legal drinking age who is found to have a blood alcohol concentration (BAC) of 0.01 or higher can be charged with a DUI/DWI offense. North Carolina law specifically prohibits drivers under 21 from operating a vehicle with any alcohol in their system. If an underage driver is found with a BAC of 0.08 or higher, they can be charged with the standard DUI/DWI offense, just like drivers of legal drinking age. The penalties for underage DUI/DWI can include fines, community service, alcohol education programs, and loss of driving privileges. It's important to note that these offenses are part of North Carolina's motor vehicle statutes, and the exact terms and punishments can vary based on the circumstances of the offense and the individual's driving record.