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 York State, the zero-tolerance law applies to drivers under the age of 21 who operate a vehicle with a blood alcohol concentration (BAC) between 0.02% and 0.07%. If an underage driver is caught with a BAC in this range, they may be charged with a violation of the zero-tolerance law, which is not a crime but can result in a fine and a suspension of their driver's license. If the underage driver has a BAC of 0.08% or higher, they can be charged with Driving While Intoxicated (DWI), which is the same offense that applies to drivers of legal drinking age. Additionally, if an underage driver has a BAC of 0.05% to 0.07%, they may be charged with Driving While Ability Impaired (DWAI) by alcohol. The specific charges and penalties can vary depending on the circumstances of the offense and the driver's BAC level. It's important for minors to understand that New York enforces strict laws against underage drinking and driving, and the consequences can be severe, including fines, license suspension, and even jail time for higher BAC levels or repeat offenses.