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 New Mexico (NM), the state enforces a zero-tolerance policy for underage drinking and driving. This means that any driver under the age of 21 who is found to have a blood alcohol concentration (BAC) of .02 or greater can be charged with a DUI (Driving Under the Influence). New Mexico's law is stricter than some states that may allow up to .05 BAC for underage drivers before a DUI charge is applicable. For drivers of legal drinking age, the per se intoxication level is .08 BAC. If an underage driver is found with a BAC of .08 or higher, they can be charged with the standard DUI offense, just like an adult. Additionally, if there is no chemical test available, an officer's observation of impairment can lead to a DUI charge based on common law. The specific statutes detailing DUI/DWI offenses and penalties for underage drivers in New Mexico can be found in the state's criminal or penal code.