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 Rhode Island, the state adheres to a zero-tolerance policy for underage drinking and driving. The legal drinking age is 21, and for drivers under this age, Rhode Island law sets a very low threshold for blood alcohol concentration (BAC). If an underage driver is found to have a BAC of .02 or higher, they can be charged with Driving Under the Influence (DUI). This is significantly lower than the standard .08 BAC level for drivers of legal drinking age. The intent behind such stringent regulations is to discourage underage drinking and driving altogether. Penalties for underage DUI in Rhode Island can include fines, license suspension, community service, and mandatory attendance in alcohol education programs. The specific charges and penalties can vary based on the circumstances of the offense and the individual's BAC level at the time of the arrest.