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 Oregon, 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 more than .00% can be charged with a DUI (Driving Under the Influence). Oregon's DUI laws are codified in ORS 813.010, which states that a minor may be charged with DUI if they operate a vehicle with any detectable amount of alcohol. For drivers of legal drinking age, the BAC limit is .08%. However, for minors, any BAC above .00% can lead to DUI charges. The consequences for underage DUI in Oregon can include fines, license suspension, and possible 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 can still face DUI charges based on an officer's observations and assessment of impairment.