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 Nevada, the state adheres to 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 higher can be charged with Driving Under the Influence (DUI). Nevada's per se intoxication level for the general population is .08 BAC, but for minors, the threshold is much lower due to the zero-tolerance law. If a minor is caught driving with a BAC of .08 or higher, they will face the standard DUI charges applicable to adults. The consequences for underage DUI can include fines, license suspension, and possibly even jail time, depending on the circumstances and whether it is a first or subsequent offense. It's important to note that even without a chemical test, a minor could still face DUI charges if a law enforcement officer has reason to believe the minor was driving while impaired.