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 Nebraska, the state enforces zero-tolerance laws for underage drinking and driving. Drivers under the age of 21 are prohibited from operating a motor vehicle with a blood alcohol concentration (BAC) of .02 or higher. If an underage driver is found to have a BAC of .02 or more but less than .08, they can be charged with a zero-tolerance offense, which is a less severe charge than a DUI but still carries penalties. However, if the underage driver's BAC is .08 or above, they can be charged with DUI, which is the same standard applied to drivers of legal drinking age. The penalties for underage DUI/DWI can include fines, license suspension, and even jail time, depending on the circumstances and whether it is a first or subsequent offense. Nebraska's DUI/DWI laws for underage drivers are primarily found in the state's Revised Statutes, specifically within the sections dealing with motor vehicles and traffic regulations.