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 Virginia, the state enforces a zero-tolerance policy for underage drinking and driving. The legal drinking age is 21, and for drivers under this age, Virginia law stipulates that a blood alcohol concentration (BAC) of 0.02 percent or more can result in a charge of Driving Under the Influence (DUI). This is significantly lower than the standard BAC limit of 0.08 percent for drivers of legal drinking age. If an underage driver is found with a BAC of 0.08 percent or higher, they can be charged with the standard DUI offense, which carries more severe penalties. The consequences for underage DUI in Virginia can include fines, license suspension, and even jail time, depending on the circumstances and whether it is a first or subsequent offense. It's important for minors to understand that even a small amount of alcohol can lead to a DUI charge and that the state takes these offenses seriously.